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
74 National Environment Protection Council NEPC Acts Third Review 2012 ATTACHMENTC MODEL NATIONAL ENVIRONMENT PROTECTION COUNCIL SECRETARIAT Draft model for provision of secretariat services for Standing Council on Environment and Water/National Environment Protection Council STRUCTURE The secretariat will be a business unit of the Commonwealth and located within the Department of Sustainability, Environment, Water, Population and Communities. The secretariat will be headed up by a senior executive officer with delegation to perform functions both financial and statutory as determined by the National Environment Protection Council Committee. These are currently specified in sections 36, 37 and 38 and Division 2 of the National Environment Protection Council Act. Remuneration, allowances and other matters associated with employment within the business unit will be determined by the Commonwealth. The structure and terms of employment of the unit will essentially reflect the current modelstaff seconded primarily from the Commonwealthbut with the opportunity to second staff from other jurisdictions. STATUTORY FUNCTIONS (DELEGATE) Currently the Act provides for the National Environment Protection Council to appoint an executive officer and to delegate functions to that officer (other than powers under sections 14, 20 and 63). As an efficiency measure this delegations power would be transferred to the National Environment Protection Council Committee. Delegations would be to an identified position within the Commonwealththe National Environment Protection Council Committee would agree the delegate (with a deputy). The position may be filled by a state or territory official. The delegate would be able to sign a certificate under section 62. The National Environment Protection Council Committee would be able to terminate the delegations for incompetence or any other reason. The delegate, in carrying out the functions of the National Environment Protection Council, must act in the best interests of the council and independent of the objects of the host jurisdiction. The delegate will, separate to operating as a delegate, be able to perform other duties for the host jurisdiction.