Report of the Third Review of the National Environment Protection Council Acts (Commonwealth State and Territory) December 2012 National Environment Protection Council Response to the Report of the Third Review of the National Protection Council Acts
Tabled paper 599
Tabled Papers for 12th Assembly 2012 - 2016; Tabled Papers; ParliamentNT
2013-10-17
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https://www.legislation.gov.au/Details/C2019C01116
https://hdl.handle.net/10070/275013
https://hdl.handle.net/10070/424650
50 National Environment Protection Council NEPC Acts Third Review 2012 When making National Environment Protection Measures, the National Environment Protection Council should specifically consider the need to include a sunset clause or, where the intent is that the National Environment Protection Measure is ongoing, a review clause. The clause should specify the frequency of review. The Act currently requires the same process to revoke a National Environment Protection Measure as to make a National Environment Protection Measure, regardless of changes in circumstance or whether the intent of the measure was always for it to apply for a specific period. Consideration should be given to a streamlined National Environment Protection Measure revocation process or a specific sunset period. Also, should the recommendation to move technical/process material from National Environment Protection Measures to subordinate instruments be implemented, the Act should adopt a streamlined review mechanism for subordinate instruments. 5.3 NATIONAL ENVIRONMENT PROTECTION MEASURE REVIEWS AND VARIATION The National Environment Protection Council Act allows for National Environment Protection Measures to be varied and sets out the process for doing so. While not required by the National Environment Protection Council Act, all National Environment Protection Measures contain a clause providing for their review from between five to ten years after commencement. To date many of these reviews have led to or are expected to lead to a formal variation of the National Environment Protection Measure. Concerns about the efficiency of the National Environment Protection Measures process were identified in the McMichael Review and addressed by amending the Act to provide the option for the National Environment Protection Council to use a streamlined process for amending National Environment Protection Measures where the change does not involve a significant change in the effect of the measure. This streamlined process, which can only be adopted with unanimous agreement of the council, replaces a requirement for a formal impact statement with a requirement for a statement of the reasons for the proposed variation, the nature and effect of the variation, and the reasons why the National Environment Protection Council is satisfied that the variation is a minor variation. The National Environment Protection Council must still conduct public consultation and have regard to submissions it receives; however, the public consultation period is shorter, with a minimum of a single month rather than the two months required for a regular variation. The National Environment Protection Council has applied a comprehensive process of review for each National Environment Protection Measure, involving the development of an issues paper and a discussion paper, a formal public consultation process and the production of a final report. Independent reviewers have been appointed in many instances. Should the National Environment Protection Council decide that a review provides justification for variation of the National Environment Protection Measure, it can initiate a formal National Environment Protection Measure variation or minor variation process involving preparation, consultation and decisions