Australian Capital Territory Numbered Acts

NATIONAL ENVIRONMENT PROTECTION COUNCIL (NO 95 OF 1994)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the National Environment Protection Council Act 1994.  
   2.      This Act commences on the day on which it is notified in the Gazette.  
   3.      The object of this Act is to ensure that, by means of the establishment and operation of the National Environment Protection Council—  
   6.      It is the intention of the Legislative Assembly that the Australian Capital Territory will, in compliance with its obligations under the Agreement, implement, by such laws or other arrangements as are necessary, each national environment protection measure in respect of activities that are subject to the law of the Australian Capital Territory (including activities of the government of the Australian Capital Territory and its instrumentalities).  

   PART II--ESTABLISHMENT AND MEMBERSHIP OF NATIONAL ENVIRONMENT PROTECTION COUNCIL

   7.      The National Environment Protection Council is established.  
   9.      The member referred to in paragraph 8 (1) (a) is the Chairperson of the Council.  

   PART III--FUNCTIONS AND POWERS OF COUNCIL

   11.     The Council has the following functions:  
   12.     The Council has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions, and, in particular, has power to—  
   14.     In making any national environment protection measure, the Council shall have regard to—  
   16.     Before making any national environment protection measure and not earlier than 30 days after the day on which paragraph 15 (2) (b) has been fully complied with in all participating jurisdictions, the Council shall prepare—  
   18.     In making a national environment protection measure, the Council is to have regard, in addition to the matters referred to in section 14, to—  
   21.     If—  

   PART IV--MEETINGS OF COUNCIL AND ESTABLISHMENT AND MEETINGS OF ITS COMMITTEES

   24.     The Chairperson—  
   26.     At a meeting, of the members constitute a quorum.  
   29.     The nominee of the Chairperson of the Council is to be Chairperson of the NEPC Committee.  
   31.     The functions of the NEPC Committee are to assist and advise the Council in the performance of its functions and the exercise of its powers.  

   PART V--NEPC SERVICE CORPORATION, NEPC EXECUTIVE OFFICER AND STAFF

   35.     The functions of the Service Corporation are—  
   37.     The Service Corporation shall not, without the written approval of the Council—  
   43.     The NEPC Executive Officer may resign his or her office by writing, signed by him or her and delivered to the Chairperson of the Council.  
   45.     The NEPC Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Council from time to time.  
   46.     The Council may appoint a person to act as the NEPC Executive Officer—  
   47.     A person acting in the office of NEPC Executive Officer—  

   PART VI--FINANCE PAYMENTS TO SERVICE CORPORATION BY TERRITORY

   53.     The Service Corporation may receive money paid to it by the Commonwealth or by another Territory or State.  
   54.     The money of the Service Corporation consists of—  
   55.     The money of the Service Corporation is to be applied only—  
   57.     The Service Corporation is not a public authority to which Part IX of the Audit Act 1989 applies.  

   PART VII--MISCELLANEOUS POWERS AND FUNCTIONS CONFERRED UNDER CORRESPONDING LEGISLATION

   59.     The Council, each committee of the Council, the NEPC Service Corporation and the NEPC Executive Officer have, in addition to the powers and functions conferred on them by this Act, such powers and functions as are conferred on them by the Act of each other participating jurisdiction that corresponds to this Act.  
   62.     The Executive may, on the recommendation of the Council, make regulations for the purposes of this Act.  
           SCHEDULE