Australian Capital Territory Consolidated Acts

NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 - NOTES

Dictionary

(see s 5)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     appoint

              •     asset

              •     Australia

              •     bankrupt or personally insolvent

              •     Commonwealth

              •     exercise

              •     external territory

              •     function

              •     Jervis Bay Territory

              •     land

              •     Legislative Assembly

              •     power

              •     property.

"agreement" means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in schedule 1.

"Australian Local Government Association" means the Australian Local Government Association Limited.

"Commonwealth Act" means the National Environment Protection Council Act 1994 (Cwlth).

"council" means the National Environment Protection Council established by section 7.

"member" means a member of the council.

"ministerial council" means a council, comprising 1 or more Ministers of the Commonwealth and Ministers of 1 or more of the States or Territories, that includes environmental protection in its functions.

"minor variation", for a national environment protection measure—see section 21A (Minor variation of measures).

"national environment protection goal "means a goal—

        (a)     that relates to desired environmental outcomes; and

        (b)     that guides the formulation of strategies for the management of human activities that may affect the environment.

"national environment protection guideline" means a guideline that gives guidance on possible means for achieving desired environmental outcomes.

"national environment protection measure" means a measure made under section 13 (1).

"national environment protection protocol" means a protocol that relates to the process to be followed in measuring environmental characteristics to determine—

        (a)     whether a particular standard or goal is being met or achieved; or

        (b)     the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal.

"national environment protection standard" means a standard that consists of quantifiable characteristics of the environment against which environmental quality can be assessed.

"NEPC committee" means the committee established by section 28.

"NEPC executive officer" means the person who, from time to time, holds the office of NEPC Executive Officer established by section 38, and includes a person acting in that office.

"NEPC service corporation" means the corporation referred to in section 34.

"participating jurisdiction" means the Commonwealth, a participating State or a participating Territory.

"participating State" means a State—

        (a)     that is a party to the agreement; and

        (b)     in which an Act that corresponds to this Act is in force in accordance with the agreement.

"participating Territory" means a Territory—

        (a)     that is a party to the agreement; and

        (b)     in which an Act that corresponds to this Act is in force in accordance with the agreement.

"service corporation" means the NEPC service corporation.

"Territory" means the Australian Capital Territory and the Northern Territory.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

National Environment Protection Council Act 1994 No 95

notified 15 December 1994 (Gaz 1994 No S280)

commenced 15 December 1994 (s 2)

as amended by

Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 No 26 sch, pt 21

notified 1 July 1996 (Gaz 1996 No S130)

commenced 1 July 1996 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 255

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 255 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2002 No 30 pt 3.50

notified LR 16 September 2002

s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))

pt 3.50 commenced 17 September 2002 (s 2 (1))

National Environment Protection Council Amendment Act 2003 A2003-7

notified LR 27 March 2003

s 1, s 2 commenced 27 March 2003 (LA s 75 (1))

remainder commenced 19 December 2003 (s 2 and see National Environment Protection Council Amendment Act 2002 (Cwlth) No 142, 2002 s 2)

Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.41

notified LR 12 May 2005

s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))

sch 3 pt 3.41 commenced 2 June 2005 (s 2 (1))

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.69

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.69 commenced 12 April 2007 (s 2 (1))

Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.53

notified LR 26 November 2009

s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

sch 3 pt 3.53 commenced 17 December 2009 (s 2)

Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.25

notified LR 22 November 2011

s 1, s 2 commenced 22 November 2011 (LA s 75 (1))

sch 1 pt 1.25 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011-12, s 2 and CN2012-4)

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.374

Commencement
s 2     om 2001 No 44 amdt 1.2898

Words and expressions used in Cwlth Act
s 4     sub 2001 No 44 amdt 1.2899

Dictionary
s 5     defs reloc to dict A2003-7 s 4
    sub A2003-7 s 5

Notes
s 5A     ins A2003-7 s 5

Interpretation–implementation of national environment protection measures
s 5B     ins A2003-7 s 5

Functions and powers
div 3.1 hdg     (prev pt 3 div 1 hdg) renum R1 LA

Powers of council
s 12     am A2003-7 s 6

Making of national environment protection measures
div 3.2 hdg     (prev pt 3 div 2 hdg) renum R1 LA

Council may make national environment protection measures
s 13     am 2001 No 44 amdt 1.2900; 2002 No 30 amdt 3.600; A2005-20 amdt 3.317

Variation or revocation of measures
s 19     am A2003-7 s 7

Minor variation of national environment protection measures
div 3.2A hdg     ins A2003-7 s 8

Minor variation of measures
s 21A     ins A2003-7 s 8

Public consultation for minor variation
s 21B     ins A2003-7 s 8

Council to have regard to submissions etc
s 21C     ins A2003-7 s 8

Assessment and reporting on implementation and effectiveness of measures
div 3.3 hdg     (prev pt 3 div 3 hdg) renum R1 LA

Meetings of council
div 4.1 hdg     (prev pt 4 div 1 hdg)) renum R1 LA

Committees of council
div 4.2 hdg     (prev pt 4 div 2 hdg) renum R1 LA

NEPC service corporation
div 5.1 hdg     (prev pt 5 div 1 hdg) renum R1 LA

NEPC service corporation
s 34     am A2011-48 amdt 1.41

Functions of service companies
s 35     am A2003-7 s 9

Leave of absence
s 42     am A2007-3 amdt 3.375

Termination of office
s 44     am A2009-49 amdt 3.125

Staff of service corporation and consultants
div 5.3 hdg     (prev pt 5 div 3 hdg) renum R1 LA

Audit Act not to apply
s 57     om 1996 No 26 sch pt 21

Regulation-making power
s 62 hdg     sub 2001 No 44 amdt 1.2901
s 62     am 2001 No 44 amdt 1.2902, amdt 1.2903

Review of operation of Act
s 63     am A2003-7 s 10

Intergovernmental agreement on the environment
sch 1 hdg     (prev sch hdg) renum R1 LA

Dictionary
dict     ins A2003-7 s 11
    am A2009-49 amdt 3.126
    def ministerial council ins A2003-7 s 11
    def minor variation ins A2003-7 s 11
    def agreement reloc from s 3 A2003-7 s 4
    def Australian Local Government Association reloc from s 3 A2003-7 s 4
    def Commonwealth Act reloc from s 3 A2003-7 s 4
    def council reloc from s 3 A2003-7 s 4
    def member reloc from s 3 A2003-7 s 4
    def national environment protection goal reloc from s 3 A2003-7 s 4
    def national environment protection guideline reloc from s 3 A2003-7 s 4
    def national environment protection measure reloc from s 3 A2003-7 s 4
    def NEPC committee reloc from s 3 A2003-7 s 4
    def NEPC executive officer reloc from s 3 A2003-7 s 4
    def NEPC service corporation reloc from s 3 A2003-7 s 4
    def participating jurisdiction reloc from s 3 A2003-7 s 4
    def participating State reloc from s 3 A2003-7 s 4
    def participating Territory reloc from s 3 A2003-7 s 4
    def service corporation reloc from s 3 A2003-7 s 4
    def Territory reloc from s 3 A2003-7 s 4

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 2001 No 44	21 February 2002
2	A2002-30	11 October 2002
3	A2003-7	19 December 2003
4	A2005-20	2 June 2005
5	A2007-3	12 April 2007
6	A2009-49	17 December 2009

© Australian Capital Territory 2012

Australian Capital Territory

A1994-95

Republication No 7

Effective: 1 March 2012

Republication date: 1 March 2012

Last amendment made by A2011-48





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the National Environment Protection Council Act 1994

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2012

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 March 2012

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

National Environment Protection Council Act 1994

Endnotes77

National Environment Protection Council Act 1994