Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 6(1)]
[Heading amended by No. 19 of 2010
s. 4.]
AN AGREEMENT made the 1st day of May one thousand nine hundred and ninety two
BETWEEN
THE COMMONWEALTH OF AUSTRALIA of the first part,
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part,
THE STATE OF QUEENSLAND of the fourth part,
THE STATE OF WESTERN AUSTRALIA of the fifth part,
THE STATE OF SOUTH AUSTRALIA of the sixth part,
THE STATE OF TASMANIA of the seventh part,
THE AUSTRALIAN CAPITAL TERRITORY of the eighth part,
THE NORTHERN TERRITORY OF AUSTRALIA of the ninth part,
THE AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION of the tenth part.
WHEREAS
On 31 October 1990, Heads of Government of the Commonwealth, States
and Territories of Australia, and representatives of Local Government in
Australia, meeting at a Special Premiers’ Conference held in Brisbane,
agreed to develop and conclude an Intergovernmental Agreement on the
Environment to provide a mechanism by which to facilitate:
•
a cooperative national approach to the environment;
•
a better definition of the roles of the respective governments;
•
a reduction in the number of disputes between the Commonwealth and the
States and Territories on environment issues;
•
greater certainty of Government and business decision making; and
•
better environment protection;
AND WHEREAS the Parties to this Agreement
ACKNOWLEDGE the important role of the Commonwealth and the States in relation
to the environment and the contribution the States can make in the development
of national and international policies for which the Commonwealth has
responsibilities;
RECOGNISE that environmental concerns and impacts respect neither physical nor
political boundaries and are increasingly taking on interjurisdictional,
international and global significance in a way that was not contemplated by
those who framed the Australian Constitution;
RECOGNISE that the concept of ecologically sustainable development including
proper resource accounting provides potential for the integration of
environmental and economic considerations in decision making and for balancing
the interests of current and future generations;
RECOGNISE that it is vital to develop and continue land use programs and
co-operative arrangements to achieve sustainable land use and to conserve and
improve Australia’s biota, and soil and water resources which are basic
to the maintenance of essential ecological processes and the production of
food, fibre and shelter;
ACKNOWLEDGE that the efficiency and effectiveness of administrative and
political processes and systems for the development and implementation of
environmental policy in a Federal system will be a direct function of:
(i) the extent to which roles and responsibilities
of the different levels of Government can be clearly and unambiguously
defined;
(ii) the extent to which duplication of functions
between different levels of Government can be avoided;
(iii) the extent to which the total benefits and
costs of decisions to the community are explicit and transparent;
(iv) the extent to which effective processes are
established for co-operation between governments on environmental issues; and
(v) the extent to which responsible Governments
are clearly accountable to the electorate for the development and
implementation of policy; and
ACKNOWLEDGE that in the development and implementation of environmental policy
it is necessary to accommodate the regional environmental differences which
occur within Australia;
THE PARTIES AGREE AS FOLLOWS:
SECTION 1 — APPLICATION AND INTERPRETATION
1.1 “Commonwealth” means the
Commonwealth of Australia.
1.2 “States” means a State or
Territory named as a party to this Agreement.
1.3 “Local Government” means a Local
Government body established by or under a law of a State other than a body the
sole or principal function of which is to provide a particular service (such
as the supply of electricity or water).
1.4 “Australian Local Government
Association” means the Federation of State-wide Local Government
Associations of the States, constituted by Local Government bodies.
1.5 A reference in this Agreement to the words
“give full faith and credit” to the results of mutually approved
or accredited systems, practices, procedures or processes, means that the
Commonwealth and the States acting in accordance with the laws in force in
their jurisdictions, will accept and rely on the outcomes of that system or
the practices, procedures or processes, as the case may be, as a basis for
their decision making. In making the decision to accredit a system or
practices, procedures or processes, the Commonwealth or the States may make
provision for how unforeseeable circumstances or flawed execution may be taken
into account. A decision to accept and rely on the outcome does not preclude
the Commonwealth or the States taking factors into account in their decision
making, other than those dealt with in that system or those practices,
procedures or processes.
1.6 A reference to a Ministerial Council in this
Agreement is a reference not to the Ministerial Council as such but to the
Australian members of that Council acting separately from that Council
pursuant to this Agreement.
1.7 Commonwealth responsibilities under this
Agreement include ensuring adherence as far as practicable within the External
Territories and the Jervis Bay Territory.
1.8 Any matters under this Agreement which are the
responsibility of the Norfolk Island Assembly under the
Norfolk Island Act 1979 will be referred by the Commonwealth to the
Norfolk Island Government for its consideration.
1.9 In relation to each of its external
Territories and the Territory of Jervis Bay, the Commonwealth has, subject to
paragraphs 1.7 and 1.8 the same responsibilities and interests as each State
has in relation to that State under paragraph 2.3.
1.10 Section 2.2.3 of this Agreement should
be read subject to the
Australian Capital Territory (Planning and Land Management) Act 1988 .
1.11 The Commonwealth, the States and the
Australian Local Government Association acknowledge that while the Association
is a party to this Agreement, it cannot bind local government bodies to
observe the terms of this Agreement. However in view of the responsibilities
and interests of local government in environmental matters and in recognition
of the partnership established between the three levels of government by the
Special Premiers Conference process, the Commonwealth and the States have
included the Australian Local Government Association as a party to this
Agreement and included references in the Agreement to local government and all
levels of government.
1.12 The States will consult with and involve
Local Government in the application of the principles and the discharge of
responsibilities contained in this Agreement to the extent that State statutes
and administrative arrangements authorise or delegate responsibilities to
Local Government, and in a manner which reflects the concept of partnership
between the Commonwealth, State and Local Governments.
1.13 Questions of interpretation of this Agreement
are to be raised in the first instance in the appropriate Ministerial
Council(s) after consultation by the Chair of the Ministerial Council with the
President of the Australian Local Government Association where appropriate.
Where these mechanisms do not resolve the interpretation, the matter will be
dealt with by reference from the Ministerial Council(s) to First Ministers.
SECTION 2 — ROLES OF THE
PARTIES — RESPONSIBILITIES AND INTERESTS
2.1 RESPONSIBILITIES AND INTERESTS OF ALL PARTIES
2.1.1 The following will guide the parties in
defining the roles, responsibilities and interests of all levels of Government
in relation to the environment and in particular in determining the content of
Schedules to this Agreement.
2.2 RESPONSIBILITIES AND INTERESTS OF THE
COMMONWEALTH
2.2.1 The responsibilities and interests of the
Commonwealth in safeguarding and accommodating national environmental matters
include:
(i)
matters of foreign policy relating to the environment
and, in particular, negotiating and entering into international agreements
relating to the environment and ensuring that international obligations
relating to the environment are met by Australia;
(ii)
ensuring that the policies or practices of a State do not
result in significant adverse external effects in relation to the environment
of another State or the lands or territories of the Commonwealth or maritime
areas within Australia’s jurisdiction (subject to any existing
Commonwealth legislative arrangements in relation to maritime areas).
(iii)
facilitating the co-operative development of national
environmental standards and guidelines as agreed in Schedules to this
Agreement.
2.2.2 When considering its responsibilities and
interests under paragraph 2.2.1(ii), the Commonwealth will have regard to
the role of the States in dealing with significant adverse external effects as
determined in 2.5.5 of this Agreement, and any action taken pursuant to 2.5.5.
2.2.3 The Commonwealth has responsibility for the
management (including operational policy) of living and non-living resources
on land which the Commonwealth owns or which it occupies for its own use.
2.3 RESPONSIBILITIES AND INTERESTS OF THE STATES
2.3.1 Each State will continue to have
responsibility for the development and implementation of policy in relation to
environmental matters which have no significant effects on matters which are
the responsibility of the Commonwealth or any other State.
2.3.2 Each State has responsibility for the
policy, legislative and administrative framework within which living and non
living resources are managed within the State.
2.3.3 The States have an interest in the
development of Australia’s position in relation to any proposed
international agreements (either bilateral or multilateral) of environmental
significance which may impact on the discharge of their responsibilities.
2.3.4 The States have an interest and
responsibility to participate in the development of national environmental
policies and standards.
2.4 RESPONSIBILITIES AND INTERESTS OF LOCAL
GOVERNMENT
2.4.1 Local Government has a responsibility for
the development and implementation of locally relevant and applicable
environmental policies within its jurisdiction in co-operation with other
levels of Government and the local community.
2.4.2 Local Government units have an interest in
the environment of their localities and in the environments to which they are
linked.
2.4.3 Local Government also has an interest in the
development and implementation of regional, Statewide and national policies,
programs and mechanisms which affect more than one Local Government unit.
2.5 ACCOMMODATION OF INTERESTS
2.5.1 Between the States and the Commonwealth
2.5.1.1 Where there is a Commonwealth interest in
an environmental matter which involves one or more States, that interest will
be accommodated as follows:
(i)
the Commonwealth and the affected States will
cooperatively set outcomes or standards and periodically review progress in
meeting those standards or achieving those outcomes; or
(ii)
where outcomes or standards are impractical or
inappropriate, the Commonwealth may approve or accredit a State’s
practices, procedures, and processes; or
(iii)
where the Commonwealth does not agree that State
practices, procedures or processes are appropriate, the Commonwealth and the
States concerned will endeavour to agree to modification of those practices,
procedures and processes to meet the needs of both the Commonwealth and the
States concerned;
(iv)
where agreement is reached between the Commonwealth and a
State under (iii) the Commonwealth will approve or accredit that State
practice, procedure or process.
2.5.1.2 Where it has approved or accredited
practices, procedures or processes under 2.5.1.1 the Commonwealth will give
full faith and credit to the results of such practices, procedures and
processes when exercising Commonwealth responsibilities.
2.5.1.3 Where a State considers that its interests
can be accommodated by approving or accrediting Commonwealth practices,
procedures or processes, or an agreed modified form of those practices,
procedures or processes, a State may enter into arrangements with the
Commonwealth for that purpose.
2.5.1.4 Where a State has approved or accredited
practices, procedures or processes under 2.5.1.3 that State will give full
faith and credit to the results of such practices, procedures or processes
when exercising State responsibilities.
2.5.1.5 The Commonwealth and the States note that
decisions on major environmental issues taken at one level of government may
have significant financial implications for other levels of government and
agree that consideration will be given to these implications where they are
major or outside the normal discharge of legislative or administrative
responsibilities of the level of government concerned.
2.5.1.6 Clause 2.5.1.5 applies to each of the
Schedules to this Agreement.
2.5.2 International Agreements
2.5.2.1 The parties recognise that the
Commonwealth has responsibility for negotiating and entering into
international agreements concerning the environment. The Commonwealth agrees
to exercise that responsibility having regard to this Agreement and the
Principles and Procedures for the Commonwealth-State Consultation on Treaties
as agreed from time to time. In particular, the Commonwealth will consult with
the States in accordance with the Principles and Procedures, prior to entering
into any such international agreements.
2.5.2.2 The Commonwealth will, where a State
interest has become apparent pursuant to the Principles and Procedures and
subject to the following provisions not being allowed to result in
unreasonable delays in the negotiation, joining or implementation of
international agreements:
(i)
notify and consult with the States at the earliest
opportunity on any proposals for the development or revision of international
agreements which are relevant to Australia and which relate to the environment
and will take into account the views of the States in formulating Australian
policy, including consultation on issues relating to roles, responsibilities
and costs;
(ii)
when requested, include in appropriate cases, a
representative or representatives of the States on Australian delegations
negotiating international agreements related to the environment. Any such
representation will be subject to the approval of the Minister for Foreign
Affairs and Trade, and will, unless otherwise agreed, be at the expense of the
States;
(iii)
prior to ratifying or acceding to, approving or accepting
any international agreement with environmental significance, consult the
States in an effort to secure agreement on the manner in which the obligations
incurred should be implemented in Australia, consistent with the roles and
responsibilities established pursuant to this Agreement.
2.5.2.3 The States will establish and advise the
Commonwealth on the appropriate channels of communication, and persons
responsible for consultation, to ensure that the Commonwealth can discharge
its international responsibilities in a timely manner.
2.5.2.4 When ratifying, or acceding to, approving
or accepting any international agreement with environmental significance, the
Commonwealth will consider, on a case by case basis, making the standard
Federal Statement on ratification, accession, approval or acceptance.
2.5.3 Mechanisms for Determining Commonwealth
Interests
2.5.3.1 Where a State wishes to determine whether
or not an environmental matter in that State will involve the interests of the
Commonwealth and is not covered by any established processes, that State may
request the Commonwealth to indicate whether that matter is a matter of
Commonwealth interest.
2.5.3.2 On receipt of a request from a State, the
Commonwealth will consult with that State. If the Commonwealth requires
further information it will seek such information within six weeks. The
Commonwealth will, as soon as possible, or in any event within eight weeks
after the receipt of the original request, or six weeks after the provision of
the further information, as the case may be, notify the State whether or not
it considers that the matter does involve Commonwealth interests. If it does
involve Commonwealth interests, the Commonwealth will notify all other States
of the basis and scope of its interest.
2.5.3.3 Where the Commonwealth wishes to determine
whether or not a State agrees that an environmental matter in that State
involves the interests of the Commonwealth, it may seek advice from the State
concerned and the State and the Commonwealth will, if necessary, enter into
discussions on the matter within four weeks after the State receives the
request for advice.
2.5.3.4 The Commonwealth and the States recognise
the importance of responding to requests made under 2.5.3.1 and 2.5.3.3 in the
shortest possible time.
2.5.3.5 Where there is disagreement as to whether
or not there is a Commonwealth interest in an environmental matter, the
Commonwealth and the States concerned will use their best endeavours to
resolve the disagreement at First Minister level.
2.5.4 Duplication of Interests
2.5.4.1 With a view to eliminating functional
duplication, wherever the interests of a level of Government have been
accommodated, the relevant levels of Government will review the need and
justification for retaining any comparable processes or institutions.
2.5.4.2 Where some duplication or overlap of
interests between levels of government is unavoidable, the relevant levels of
Government will seek clear and distinct liaison and consultative procedures,
under mechanisms to be agreed at First Minister level, such as Ministerial
Councils, to coordinate and harmonise actions and to avoid disputes.
2.5.4.3 Any review under clause 2.5.4.1 or
liaison and consultation procedures under 2.5.4.2 will be guided by the need
to work towards simplicity, certainty and transparency in the mechanisms
relevant to the development and implementation of environmental policy,
consistent with the maintenance of proper environmental protection.
2.5.5 Between the States
2.5.5.1 Where the policies, programs, projects,
legislation or regulations of a State may affect the environment of another
State or States, the States undertake to provide timely notification to any
affected State, and appropriate consultation in relation to those policies,
programs, projects, legislation or regulations.
2.5.5.2 Wherever significant adverse external
effects on another State are expected or identified, the relevant States will
use their best endeavours to establish appropriate mechanisms for ensuring
cooperative management.
2.5.5.3 Where the States are directly and
cooperatively involved with the management of significant adverse external
effects and one or more of the States considers that one or more of the other
States are not adequately discharging their management responsibilities, the
State or States concerned will endeavour to resolve expeditiously any issue of
disagreement or concern.
2.5.5.4 The States will if necessary determine
what mechanism or process should be employed to resolve any disagreement or
matter of concern, which mechanism or process may include inviting the
Commonwealth to assist in the resolution of the matter.
2.5.6 National Interest
Notwithstanding the particular responsibilities of
the Commonwealth in safeguarding and accommodating national environmental
matters, the parties agree that all levels of Government have a responsibility
to ensure that matters of national interest are properly taken into account in
their activities.
SECTION 3 — PRINCIPLES OF ENVIRONMENTAL POLICY
3.1 The parties agree that the development and
implementation of environmental policy and programs by all levels of
Government should be guided by the following considerations and principles.
3.2 The parties consider that the adoption of
sound environmental practices and procedures, as a basis for ecologically
sustainable development, will benefit both the Australian people and
environment, and the international community and environment. This requires
the effective integration of economic and environmental considerations in
decision-making processes, in order to improve community well-being and to
benefit future generations.
3.3 The parties consider that strong, growing and
diversified economies (committed to the principles of ecologically sustainable
development) can enhance the capacity for environmental protection. In order
to achieve sustainable economic development, there is a need for a
country’s international competitiveness to be maintained and enhanced in
an environmentally sound manner.
3.4 Accordingly, the parties agree that
environmental considerations will be integrated into Government
decision-making processes at all levels by, among other things:
(i)
ensuring that environmental issues associated with a
proposed project, program or policy will be taken into consideration in the
decision making process;
(ii)
ensuring that there is a proper examination of matters
which significantly affect the environment; and
(iii)
ensuring that measures adopted should be cost-effective
and not be disproportionate to the significance of the environmental problems
being addressed.
3.5 The parties further agree that, in order to
promote the above approach, the principles set out below should inform policy
making and program implementation.
3.5.1 Precautionary principle —
Where there are threats of serious or irreversible
environmental damage, lack of full scientific certainty should not be used as
a reason for postponing measures to prevent environmental degradation.
In the application of the precautionary principle,
public and private decisions should be guided by:
(i)
careful evaluation to avoid, wherever practicable,
serious or irreversible damage to the environment; and
(ii)
an assessment of the risk-weighted consequences of
various options.
3.5.2 Intergenerational equity —
the present generation should ensure that the
health, diversity and productivity of the environment is maintained or
enhanced for the benefit of future generations.
3.5.3 Conservation of biological diversity and
ecological integrity —
conservation of biological diversity and
ecological integrity should be a fundamental consideration.
3.5.4 Improved valuation, pricing and incentive
mechanisms —
•
environmental factors should be included in the valuation of assets and
services
•
polluter pays i.e. those who generate pollution and waste should bear
the cost of containment, avoidance, or abatement
•
the users of goods and services should pay prices based on the full
life cycle costs of providing goods and services, including the use of natural
resources and assets and the ultimate disposal of any wastes
•
environmental goals, having been established, should be pursued in the
most cost effective way, by establishing incentive structures, including
market mechanisms, which enable those best placed to maximise benefits and/or
minimise costs to develop their own solutions and responses to environmental
problems.
SECTION 4 — IMPLEMENTATION AND APPLICATION OF PRINCIPLES
4.1 The Schedules to this Agreement deal with
specific areas of environmental policy and management and form part of this
Agreement. The schedules have been prepared and are to be interpreted in
accordance with Sections 1, 2 and 3 of this Agreement.
4.2 Nothing in this Agreement will affect any
existing intergovernmental agreement between the Commonwealth and a State or
States, or between the States, unless alterations or amendments to those
agreements are proposed in accordance with any existing review process and/or
any review process arising as a result of this Agreement.
4.3 For each particular Schedule included in this
Agreement, the Commonwealth and the States undertake to nominate an agency or
Ministry to assume primary responsibility within its jurisdiction for the
issues covered in the Schedule and to inform the other parties accordingly.
4.4 Where not otherwise provided in the Schedules,
existing intergovernmental arrangements will be the primary mechanisms for the
cooperative application of the provisions of this Agreement.
SECTION 5 — REVIEW
5.1 The operation of this Agreement will be
reviewed every three years by the presentation of a report from the relevant
Ministerial Councils to the First Ministers following consultation by the
Chair of the Ministerial Council with the President of the Australian Local
Government Association.
5.2 The Agreement may be amended and schedules
added by agreement of all First Ministers. Prior to making amendments in
relation to matters specified in this Agreement, or developing any draft
schedules, that involve local government, First Ministers will consult and
seek the agreement of the President of the Australian Local Government
Association.
IN WITNESS WHEREOF this Agreement has been respectively signed for and on
behalf of the parties as at the day and year first above written.
SIGNED by the Honourable PAUL JOHN KEATING, Prime Minister of the Commonwealth
of Australia
*Signature omitted
SIGNED by the Honourable NICHOLAS FRANK GREINER, Premier of the State of New
South Wales
*Signature omitted
SIGNED by the Honourable JOAN ELIZABETH KIRNER, Premier of the State of
Victoria
*Signature omitted
SIGNED by the Honourable WAYNE KEITH GOSS, Premier of the State of Queensland
*Signature omitted
SIGNED by the Honourable CARMEN MARY LAWRENCE, Premier of the State of Western
Australia
*Signature omitted
SIGNED by the Honourable JOHN CHARLES BANNON, Premier of the State of South
Australia
*Signature omitted
SIGNED by the Honourable RAYMOND JOHN GROOM, Premier of the State of Tasmania
*Signature omitted
SIGNED by ROSEMARY FOLLETT Chief Minister of the Australian Capital Territory
*Signature omitted
SIGNED by the Honourable MARSHALL BRUCE PERRON, Chief Minister of the North
Territory
*Signature omitted
ACCEPTANCE OF THE AGREEMENT BY THE NORTHERN TERRITORY IS SUBJECT TO THE
RESERVATIONS SET OUT IN ANNEXURE A OF THIS AGREEMENT
SIGNED by Councillor GRAEME BLATCHFORD FRECKER, President of the AUSTRALIAN
LOCAL GOVERNMENT ASSOCIATION
*Signature omitted
SCHEDULE 1
DATA COLLECTION AND HANDLING
1. The parties agree that the collection,
maintenance and integration of environmental data will assist in efficient and
effective environmental management and monitoring.
2. The development of consistent standards for the
description and exchange of all land-related information will be coordinated
and fostered by the Australian Land Information Council in conjunction with
Standards Australia and specialist groups where needed.
3. In order to avoid overlap and duplication in
the collection and maintenance of all land-related data, the Australian Land
Information Council will facilitate the coordination of intergovernmental
arrangements (including appropriate financial arrangements) and provide
mechanisms to make the data more accessible across all levels of government
and the private sector. Any arrangements entered into will detail the
circumstances in which the exchange and ongoing sharing of data is
appropriate. The intergovernmental arrangements will be submitted to First
Ministers for their approval no later than twelve months after the execution
of this Agreement.
4. The collection of data on natural resources
should, where possible, be integrated from the outset, in order to avoid the
difficulties inherent in collating data collected with different methodologies
and in different conditions.
5. The Australian Land Information Council,
(through the National Resources Information Centre and the Environmental
Resources Information Network where appropriate) will consult with the
relevant national co-ordination bodies and, through its members, with
Commonwealth and State jurisdictions, to ensure the development and
maintenance of comprehensive directories of natural resource and environmental
spatial datasets and to develop and maintain national natural resource data
standards.
SCHEDULE 2
RESOURCE ASSESSMENT, LAND USE DECISIONS AND APPROVAL PROCESSES
1. The parties agree that the concept of
ecologically sustainable development should be used by all levels of
Government in the assessment of natural resources, land use decisions and
approval processes.
2. The parties agree that it is the role of
government to establish the policy, legislative and administrative framework
to determine the permissibility of any land use, resource use or development
proposal having regard to the appropriate, efficient and ecologically
sustainable use of natural resources (including land, coastal and marine
resources).
3. The parties agree that policy, legislative and
administrative frameworks to determine the permissibility of land use,
resource use or development proposals should provide for —
(i)
the application and evaluation of comparable, high
quality data which are available to all participants in the process;
(ii)
the assessment of the regional cumulative impacts of a
series of developments and not simply the consideration of individual
development proposals in isolation;
(iii)
consideration of the regional implications, where
proposals for the use of a resource affect several jurisdictions;
(iv)
consultation with affected individuals, groups and
organisations;
(v)
consideration of all significant impacts;
(vi)
mechanisms to resolve conflict and disputes over issues
which arise during the process;
(vii)
consideration of any international or national
implications.
4. The development and administration of the
policy and legislative framework will remain the responsibility of the States
and Local Government. The Commonwealth has an interest in ensuring that these
frameworks meet its responsibilities and interests as set out in this
Agreement. The Commonwealth will continue to co-operate with the States in
agreed programs.
5. Within the policy, legislative and
administrative framework applying in each State, the use of natural resources
and land, remain a matter for the owners of the land or resources, whether
they are Government bodies or private persons.
6. To ensure that State land and resource use
planning processes properly address matters of Commonwealth interest, a State
may refer its land and resource use planning system and its development
approval process to the Commonwealth for a preliminary view, as to whether its
system or process can be accredited as accommodating Commonwealth interests.
In the event that the Commonwealth is of the view that the processes are
inadequate to accommodate the Commonwealth interest, then the State will
consider whether it wishes to review and modify the systems and processes and
will consult with the Commonwealth on terms of reference for such a review.
7. A State will consult Local Government where
appropriate, when undertaking any review of its land and resource use planning
systems and/or development approval processes pursuant to this Agreement.
8. Where the Commonwealth has accredited a system
or process within a State, the Commonwealth will give full faith and credit to
the results of that system or process when exercising Commonwealth
responsibilities.
9. Within twelve months of the execution of this
Agreement, the parties agree to reconsider the matters contained in this
Schedule with a view to incorporating any relevant findings of the
ecologically sustainable development process.
SCHEDULE 3
ENVIRONMENTAL IMPACT ASSESSMENT
1. The parties agree that it is desirable to
establish certainty about the application, procedures and function of the
environmental impact assessment process, to improve the consistency of
the approach applied by all levels of Government, to avoid duplication of
process where more than one Government or level of Government is involved and
interested in the subject matter of an assessment and to avoid delays in the
process.
2. The parties agree that impact assessment
in relation to a project, program or policy should include, where appropriate,
assessment of environmental, cultural, economic, social and health factors.
3. The parties agree that all levels of Government
will ensure that their environmental impact assessment processes are
based on the following:
(i)
the environmental impact assessment process will be
applied to proposals from both the public and private sectors;
(ii)
assessing authorities will provide information to give
clear guidance on the types of proposals likely to attract environmental
impact assessment and on the level of assessment required;
(iii)
assessing authorities will provide all participants in
the process with guidance on the criteria for environmental acceptability of
potential impacts including the concept of ecologically sustainable
development, maintenance of human health, relevant local and national
standards and guidelines, protocols, codes of practice and regulations;
(iv)
assessing authorities will provide proposal specific
guidelines or a procedure for their generation focussed on key issues and
incorporating public concern together with a clear outline of the process;
(v)
following the establishment of specific assessment
guidelines, any amendments to those guidelines will be based only on
significant issues that have arisen following the adoption of those
guidelines;
(vi)
time schedules for all stages of the assessment process
will be set early on a proposal specific basis, in consultations between the
assessing authorities and the proponent;
(vii)
levels of assessment will be appropriate to the degree of
environmental significance and potential public interest;
(viii)
proponents will take responsibility for preparing the
case required for assessment of a proposal and for elaborating environmental
issues which must be taken into account in decisions, and for protection of
the environment;
(ix)
there will be full public disclosure of all information
related to a proposal and its environmental impacts, except where there are
legitimate reasons for confidentiality including national security interests;
(x)
opportunities will be provided for appropriate and
adequate public consultation on environmental aspects of proposals before the
assessment process is complete;
(xi)
mechanisms will be developed to seek to resolve conflicts
and disputes over issues which arise for consideration during the course of
the assessment process;
(xii)
the environmental impact assessment process will
provide a basis for setting environmental conditions, and establishing
environmental monitoring and management programs (including arrangements for
review) and developing industry guidelines for application in specific cases.
4. A general framework agreement between the
Commonwealth and the States on the administration of the environmental
impact assessment process will be negotiated to avoid duplication and to
ensure that proposals affecting more than one of them are assessed in
accordance with agreed arrangements.
5. The Commonwealth and the States may approve or
accredit their respective environmental impact assessment processes
either generally or for specific purposes. Where such approval or
accreditation has been given, the Commonwealth and the States agree that they
will give full faith and credit to the results of such processes when
exercising their responsibilities.
SCHEDULE 4
NATIONAL ENVIRONMENT PROTECTION MEASURES
General Purpose
1. The Commonwealth and the States acknowledge
that there is benefit to the people of Australia in establishing national
environment protection standards, guidelines, goals and associated protocols
(hereinafter referred to as ‘measures’) with the objectives of
ensuring:
(i)
that people enjoy the benefit of equivalent protection
from air, water and soil pollution and from noise, wherever they live;
(ii)
that decisions by business are not distorted and markets
are not fragmented by variations between jurisdictions in relation to the
adoption or implementation of major environment protection measures.
Any proposed measures must be examined to identify
economic and social impacts and to ensure simplicity, efficiency and
effectiveness in administration.
National Environment Protection Authority
2. The Commonwealth and the States agree to set up
a Ministerial Council to be called the National Environment Protection
Authority. Each State and the Commonwealth will nominate a Minister to be a
member of the Ministerial Council, with the Commonwealth Minister to chair the
Council and decisions to be made by a two thirds majority of the members of
the Ministerial Council.
3. The Authority is to be assisted and supported
by:
(i)
a standing committee of officials, with one
representative being nominated to the committee by each member of the
Authority and an observer nominated by the President of the Australian Local
Government Association who will seek and present the views of the Association.
Each member is entitled to be accompanied by other persons who may be able to
assist with the deliberations of the committee. Members of the committee will
Ensure that the Authority has access to appropriate scientific and technical
advice on environmental matters and on the economic and social impacts of the
matters considered by the Authority;
(ii)
a permanent Executive Officer appointed to a statutory
office under the legislation establishing the Authority;
(iii)
appropriate personnel seconded or otherwise provided by
the parties to conduct continuing or specialist ad hoc tasks, as required by
the Authority.
4. The Authority and the statutory office of
Executive Officer is to be established by agreed Commonwealth legislation and
recognised by agreed complementary State legislation.
National Environment Protection Authority’s Powers and Process
5. The Authority may establish measures for the
protection of the environment for the benefit of the people of Australia, for:
(i)
ambient air quality;
(ii)
ambient marine, estuarine, and freshwater quality;
(iii)
noise related to protecting amenity where variations in
measures would have an adverse effect on national markets for goods and
services;
(iv)
general guidelines for the assessment of site
contamination;
(v)
the environmental impacts associated with hazardous
wastes;
(vi)
motor vehicle emissions; **
(vii)
the reuse and recycling of used materials;
and shall monitor and report on their
implementation and effectiveness.
6. In determining whether to adopt standards,
guidelines or goals, the Authority will consider which is the most effective
means to achieve the required national environmental outcomes. The Authority
will also take into account existing intergovernmental mechanisms in relation
to such measures.
7. The Authority will develop national motor
vehicle emission and noise standards in conjunction with the National Road
Transport Commission. **
8. The standards, guidelines or goals will be
interpreted and applied in accordance with agreed protocols on such matters as
requirements for monitoring and auditing.
9. To facilitate effective and timely public
consultation, draft measures, including timetables for implementation where
relevant, will be published by the Authority.
10. Publication of such drafts will be accompanied
by an impact statement which includes —
(i)
the environmental objectives and reasons for the measures
and the environmental impact of not adopting those measures;
(ii)
alternatives considered to achieve the desired
environmental objectives and the reasons for their non-adoption;
(iii)
an assessment of the economic and social impact on
the community and industry as a result of establishing the measures;
(iv)
the manner in which any regional environmental
differences in Australia have been addressed in the development of the
measures.
11. The Authority will notify the public of the
availability of the draft measures and the associated impact statement
and invite comment thereon within a specified time.
12. When finalising any measures, the Authority
will give consideration to the impact statement and any comment received
on the draft measures or the impact statement.
13. The Commonwealth undertakes to table in its
Parliament (in accordance with the Commonwealth’s existing practices in
relation to delegated legislation) all measures established by the Authority,
and to use its best endeavours to ensure their acceptance by the Commonwealth
Parliament.
14. The tabling of any measures in the
Commonwealth Parliament will be accompanied by an impact statement
covering the matters referred to in clause 10 and a summary of public
comment received and the response to those comments.
15. Either House of the Commonwealth Parliament
can disallow any measure established by the Authority within a specified time.
16. The Commonwealth and the States agree to
develop for consideration by First Ministers under clause 23, legislation
which will enable the Commonwealth and State Parliaments to authorise the
Authority to establish any measures. The legislation will also establish
mechanisms for the application of measures in the States. The legislation will
ensure that any measures established by the Authority —
(a) will
apply, as from the date of the commencement of the measure, throughout
Australia, as a valid law of each jurisdiction; and
(b)
will, subject to clause 20, replace any existing measures dealing with
the same matter.
Implementation, Enforcement, Impact and Reporting in Relation to National
Measures
17. The Commonwealth and the States will be
responsible for the attainment and maintenance of agreed national standards or
goals and compliance with national guidelines within their respective
jurisdictions through appropriate mechanisms such as Commonwealth and State
environment protection bodies.
18. The Commonwealth and the States agree to
establish a uniform hierarchy of offences and related penalty structures to
apply to breaches of any requirements applied under any agreed law for the
purposes of complying with the standards, guidelines or goals.
19. The measures established and adopted in
accordance with the above procedure will not prevent the Commonwealth or a
State from introducing more stringent measures to reflect specific
circumstances or to protect special environments or environmental values
located within its jurisdiction provided there has been consultation with the
Authority.
20. Nothing in this Agreement will prevent a State
or the Commonwealth maintaining existing more stringent standards which are in
effect at the date when the Authority comes into existence.
21. The Commonwealth and the States will prepare
an annual report on the measures they adopt to attain and maintain the
standards, guidelines, goals or protocols established pursuant to this
Agreement and submit that report by 30 September each year to the
Authority.
22. The Authority will prepare an annual report
which includes the reports received from the Commonwealth and the States. The
annual report will be tabled in all Parliaments, through the respective
Ministers who are members of the Authority.
Action to Implement Agreements in the Schedule
23. Within twelve months of the execution of this
Agreement the Working Group on Environmental Policy will, for the
consideration of First Ministers:
(i)
prepare draft legislation to implement the agreements
reached in this Schedule; and
(ii)
develop arrangements for consultation with relevant
Commonwealth and State authorities, the Australian Local Government
Association, and Ministerial Councils.
24. The Working Group on Environmental Policy
will, when submitting the draft legislation to First Ministers, also submit a
report on the financial arrangements necessary to give effect to the
agreements set out in this Schedule.
25. Once the legislation referred to in
clause 23 has been agreed to by First Ministers, the Commonwealth and the
States will submit to their Parliaments, and take such steps as are
appropriate to secure the passage of, the Bills containing this legislation.
Definitions
26. For the purposes of this Schedule:
(i)
a standard is a quantifiable characteristic of the
environment against which environmental quality is assessed. Standards are
mandatory.
(ii)
a goal is a desired environmental outcome adopted to
guide the formulation of strategies for the management of human activities
which may affect the environment.
(iii)
a guideline provides guidance on possible means of
meeting desired environmental outcomes. Guidelines are not mandatory.
(iv)
a protocol is the description of a process to be followed
in measuring environmental characteristics to determine whether a standard or
goal is being achieved or the extent of the differential between the measured
characteristic and a standard or goal.
** See Northern Territory reservation at end of
document.
SCHEDULE 5
CLIMATE CHANGE
1. The parties acknowledge the potentially
significant impact of greenhouse enhanced climate change on
Australia’s natural, social and working environment, as well as on the
global community and global environments. The parties accept and support the
need for Australia to participate in the development of an effective
international response to meet the challenge of greenhouse enhanced climate
change and note Australia’s participation in the development of an
international convention on climate change.
2. The parties note their endorsement of the
decision to adopt an interim planning target to stabilise greenhouse gas
emissions (not controlled by the Montreal Protocol on Substances that Deplete
the Ozone Layer) based on 1988 levels, by the year 2000 and reducing these
emissions by 20% by the year 2005. The parties reiterate their support, as
agreed in October 1990, for the interim planning target to form the basis of
development of the National Greenhouse Response Strategy, subject to Australia
not implementing response measures that would have net adverse economic
impacts nationally or on Australia’s trade competitiveness, in the
absence of similar action by major greenhouse gas producing countries. The
parties agree that assessment of the implementation of the National Greenhouse
Response Strategy against this agreed objective will be reviewed at Special
Premiers’ Conferences.
3. The parties reiterate that a National
Greenhouse Response Strategy based on the interim planning target must include
positive measures for:
•
limiting emissions of all greenhouse gases, not controlled by the
Montreal Protocol on Substances that Deplete the Ozone Layer;
•
conducting further research;
•
adapting to the impacts of climate change; and
•
ensuring that the community understands the need for early action on
measures to reduce greenhouse gas emissions.
The parties also agree that such a strategy should
include measures for auditing and reporting on national greenhouse gas
emissions.
4. Taking into account regional differences, the
parties recognise that development and implementation of the National
Greenhouse Response Strategy will require coordinated and effective action by
all levels of government and the community to achieve equitable and
ecologically sustainable solutions.
5. The parties agree that First Ministers have
ultimate responsibility for intergovernmental considerations of and final
decisions on the National Greenhouse Response Strategy.
6. To facilitate the preparation of the National
Greenhouse Response Strategy, the parties agree to establish a National
Greenhouse Steering Committee.
7. The National Greenhouse Steering Committee will
have the following responsibilities:
(i)
to facilitate the development and co-ordination of an
overall framework for the National Greenhouse Response Strategy;
(ii)
to consult with the Standing Committees of Ministerial
Councils on elements for inclusion in the Strategy and activities of the
Ministerial Councils and other specialised bodies such as the National
Greenhouse Advisory Committee, and make recommendations to First Ministers on
proposed courses of action;
(iii)
to encourage development of the strategy in areas where
it is not being handled elsewhere;
(iv)
to present the Strategy to First Ministers for
consideration/adoption;
(v)
to recommend to First Ministers requirements for further
development of the Strategy as implementation proceeds.
SCHEDULE 6
BIOLOGICAL DIVERSITY
1. The parties acknowledge that biological
diversity is a major and valuable component of the environment and should be
protected.
2. The parties note that the Commonwealth
Government is currently preparing a draft national strategy for the
conservation of biological diversity which is being pursued through the
Biological Diversity Advisory Committee which has wide ranging representation,
including the States.
3. The parties note that the Commonwealth is
responsible for the negotiation, ratification and ensuring implementation of
the proposed Biological Diversity Convention.
4. The parties note that the proposed Biological
Diversity Convention, while having importance for nature conservation, is
likely to have implications across a wide range of Commonwealth and State
responsibilities and that the interests and responsibilities of the States and
the Commonwealth which may be affected by the proposed Convention are not
confined to any particular portfolios.
5. The Commonwealth will continue to provide the
States with the opportunity to be represented on Australian delegations to
meetings of the Intergovernmental Negotiating Committee for a Convention on
Biological Diversity. The Commonwealth and the States will continue their
consultations in relation to formulating Australian policy regarding the
Convention through the existing mechanisms involving the Department of Foreign
Affairs and Trade and State agencies as nominated from time to time by their
First Ministers.
6. Given the wide and significant implications of
the proposed Convention, the Commonwealth and the States acknowledge that
issues may arise which may cause a State to seek consultation in relation to
the negotiations at First Minister level.
7. The Australian and New Zealand Environment and
Conservation Council, in consultation with and, where appropriate, joint
co-operation with, other Ministerial Councils, the agencies referred to in
clause 5 and relevant organisations, will forward to First Ministers
advice on:
(i)
the implications of implementing the proposed Convention;
and
(ii)
the manner in which implementation of the proposed
Convention may be undertaken.
8. For the purposes of clause 7, the other
Ministerial Councils will include:
Australian Agricultural Council;
Australian Soil Conservation Council;
Australian Water Resources Council;
Australian Forestry Council;
Australian Fisheries Council;
Australian and New Zealand Mineral and Energy
Council; and
Australian Industry and Technology Council.
SCHEDULE 7
NATIONAL ESTATE
1. The parties acknowledge that the primary role
of the Australian Heritage Commission is to identify the National Estate and
advise the Commonwealth on its conservation.
2. The parties further acknowledge that primary
responsibility for land use and resource planning decisions rests with States.
3. The parties agree that the register of the
National Estate is one of the factors that the States may consider when making
land use and resource planning decisions and that Section 30 of the
Australian Heritage Commission Act 1975 applies only to decisions of the
Commonwealth Ministers, Departments and Authorities. The parties recognise
however that some applications of s.30 of the Act may have significant
land and resource use planning implications.
4. The Commonwealth supports the current practice
whereby the Australian Heritage Commission provides information on all places
nominated to the Register of the National Estate or which are identified by
studies, to the designated agencies in the relevant State. The Commonwealth
agrees to support the current practice whereby the Commission seeks and
considers the views of the relevant State on all nominated places before
making a decision on interim listing.
5. Each State agrees to establish and advise the
Australian Heritage Commission on appropriate channels of communication, the
persons responsible for consultation and the persons responsible for
coordination of responses to the Australian Heritage Commission on matters
related to National Estate nominations and listings.
6. The Commonwealth supports the current practice
whereby the Australian Heritage Commission provides information to the
relevant local government body on places to be given interim listings status
at least two months prior to any public notification of that interim listing.
7. The parties agree that systematic, thematic
and/or regional assessment is the preferred basis on which to assess the
national estate values of an area.
8. The Commonwealth and the States agree to
facilitate joint assessment processes between the Australian Heritage
Commission and the States where appropriate. In any event, existing data
collections and assessment processes that conform to national estate
assessment criteria which are set out in the
Australian Heritage Commission Act 1975 can be accredited and relied upon
by the Australian Heritage Commission as satisfying the requirements of the
Commission.
9. The Commonwealth agrees that any State can
negotiate with the Commission on improved forms of consultation concerning
development of the Register of the National Estate generally.
10. The Commonwealth and the States agree that
there will be consultation and agreement wherever possible on the timing of
Australian Heritage Commission and State assessment processes.
11. Where there is an accredited or joint
assessment of national estate values the Commonwealth and/or the States will
give full faith and credit to the results of such assessment when exercising
their responsibilities.
12. The Commonwealth and the States note that
where there is an accredited or joint assessment of national estate values the
Australian Heritage Commission will generally not, and in any event will not
without consultation with the States, reconsider that assessment except where
new and significant information is produced.
SCHEDULE 8
WORLD HERITAGE
1. The States recognise that the Commonwealth has
an international obligation as a party to the World Heritage Convention to
ensure the identification, protection, conservation, presentation and
transmission to future generations of Australia’s natural and cultural
heritage of ‘outstanding universal value’.
2. The Commonwealth will consult the States and
use its best endeavours to obtain their agreement on the compilation of an
indicative list of World Heritage properties. The States agree to consult the
relevant local government bodies and interested groups (including conservation
and industry groups) on properties for inclusion on the indicative list prior
to submission to the Commonwealth. Should conservation or any other groups or
individuals make suggestions on an indicative list direct to the Commonwealth
these will be referred to the relevant State for comment.
3. The Commonwealth will consult with the relevant
State or States, and use its best endeavours to obtain their agreement, on
nominations to the World Heritage List.
4. Where the relevant State or States have agreed
to a nomination, the preparation of that nomination for World Heritage listing
will be the primary responsibility of the relevant State or States and will be
undertaken in close consultation with the Commonwealth. In the case of
properties that transcend State boundaries, the Commonwealth will coordinate
preparation of the nomination. The Commonwealth is responsible for ensuring
the nomination is in accordance with the World Heritage Convention and
Guidelines and submitting the nomination to UNESCO.
5. Arrangements for the management of a property
will be determined as far as practicable prior to the nomination. The
management arrangements will take into consideration the continuation of the
State’s management responsibilities for the property while preserving
the Commonwealth’s responsibilities under the World Heritage Convention.
SCHEDULE 9
NATURE CONSERVATION
1. The parties agree that each level of Government
has responsibilities for the protection of flora and fauna and should use
their best endeavours to ensure the survival of species and ecological
communities, both terrestrial and aquatic, that make up Australia’s
biota. The parties recognise that the protection and sound management of
natural habitats is of fundamental importance to this aim and that all levels
of Government should use their best endeavours to conserve areas critical to
the protection of Australia’s flora and fauna and the maintenance of
ecological processes that ensure biological productivity and stability.
2. The parties recognise that the States have
primary responsibility in the general area of nature conservation.
3. The parties recognise that the Commonwealth has
a particular responsibility in the area of nature conservation in relation to:
•
management of areas that lie within its own jurisdiction including the
external territories and the Jervis Bay Territory, Commonwealth places and
marine areas;
•
Australia’s obligations under international law including under
treaties;
•
exports, imports and quarantine.
The Commonwealth also has a particular interest in
facilitating the effective and efficient co-ordination of nature conservation
across all jurisdictions.
4. The parties agree that a national approach
should be taken to rare, vulnerable and endangered species given that the
distribution of these species and their habitats is not confined or determined
by State or Commonwealth borders and that a national approach is desirable to
avoid duplication of effort, to ensure appropriate outcomes and to maximise
the effectiveness of available resources.
5. The parties agree that environmental management
and resource use decisions taken by all levels of Government should have
regard to the national distribution of species and other agreed national
nature conservation considerations.
6. The Commonwealth and the States agree to
cooperate in the conservation, protection and management of native species and
habitats that occur in more than one jurisdiction. In addition to
participating in such cooperative activities, the Commonwealth and the States
may take whatever action they deem appropriate within their respective
jurisdictions to protect any native species and habitats which they consider
requires specific action.
7. Within one year of the execution of this
Agreement, the Australian and New Zealand Environment and Conservation
Council, in consultation with relevant Ministerial Councils, will develop and
report to First Ministers on a strategy for a national approach to the
protection of rare, vulnerable and endangered species. The Australian and New
Zealand Environment and Conservation Council will provide a progress report to
First Ministers within six months.
8. The report referred to in clause 7 will
take into account the preparation of an ‘Australian National Strategy
for the Conservation of Species and Communities Threatened With
Extinction’ by the Endangered Species Advisory Committee which was
established to advise the Commonwealth Minister of the Arts, Sport, the
Environment, Tourism and the Territories and will include the following:
(i)
the identification of Australia’s rare, vulnerable
and endangered species of flora and fauna;
(ii)
the options for off reserve protection of species and
habitats to complement the reserve system and the identification of
ecologically significant remnant vegetation;
(iii)
the manner in which all levels of Government might ensure
that land or resource use decision making processes explicitly identify
circumstances where there is an impact on identified rare, vulnerable and
endangered species and assess the nature of this impact prior to taking a
decision;
(iv)
the development of mechanisms on a cooperative basis to
address cross-jurisdictional problems;
(v)
the setting of outcomes and goals and the allocation of
tasks in relation to all States and the Commonwealth and monitoring and
reporting on the achievement of those outcomes and goals;
(vi)
the co-ordination of any research initiatives;
(vii)
the resource and financial implications and impacts of
any national approach.
9. The parties recognise the threat posed to both
the natural environment and agricultural and maricultural production by pest
species of introduced plants and animals and acknowledge that a cooperative
national approach to their control has the potential to produce savings from a
reduction of duplication of existing effort. The parties agree that the
Commonwealth’s role should be one of facilitating co-ordinated State
efforts within this national approach. Due to the nature of the threat,
coordination of a national approach should be undertaken through the
Australian and New Zealand Environment and Conservation Council, the
Australian Agricultural Council and the Australian Fisheries Council.
10. The parties agree to co-operate in fulfilling
Australia’s commitments under international nature conservation treaties
and recognise the Commonwealth’s responsibilities in ensuring that those
commitments are met.
11. The parties recognise the Commonwealth’s
responsibilities with regard to the implementation of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES) and
the export of wildlife and wildlife products. The Commonwealth and the States
agree to cooperate in the development of improved intergovernmental
arrangements for regulating commercial use of native wildlife, including
setting of nationally sustainable harvesting levels, establishment of national
standards in marketing of wildlife products, and streamlining of permits and
regulatory controls and enforcement.
12. The parties agree that the management of parks
and protected areas is largely a function of the States. The Commonwealth has
a responsibility for parks and protected areas on its own land and any parks
or protected areas it establishes in Australia’s maritime areas (subject
to any existing Commonwealth legislative arrangements in relation to maritime
areas), and to assist the States with common concerns which have been
identified by the Commonwealth and the States to have national implications.
13. The parties agree that a representative system
of protected areas encompassing terrestrial, freshwater, estuarine and marine
environments is a significant component in maintaining ecological processes
and systems. It also provides a valuable basis for environmental education and
environmental monitoring. Such a system will be enhanced by the development
and application where appropriate of nationally consistent principles for
management of reserves.
14. The parties agree that the national approach
to the conservation, protection and management of native species and habitats
may include the addition of new areas to reserve systems and protected areas,
some of which may be under multiple land use regimes, where such multiple land
use does not adversely affect the prime nature conservation function of the
reserve or protected area.
15. The parties further recognise that the
establishment and management of a reserve system is not in itself sufficient
to ensure the protection of Australia’s flora and fauna. Off-reserve
protection and management, particularly of remnant vegetation, are also
required. The parties recognise the need for national co-operation to ensure
that remnants that are ecologically significant on a national scale are
identified; management and protection arrangements are consistent across
borders; research initiatives are co-ordinated and not duplicated; and that
off-reserve protection activities complement the reserve system.
16. The Commonwealth and the States agree to
co-operate in the development of actions outlined in this schedule and that
the Australian and New Zealand Environment and Conservation Council be the
primary forum of all co-ordination of nationwide nature conservation
functions.
ANNEXURE A
RESERVATION BY THE NORTHERN TERRITORY
The Northern Territory in signing this Agreement notifies that it does not
consider itself a party to the Intergovernmental Agreement on Road Transport
entered into by the Commonwealth, States and the Australian Capital Territory,
and accordingly is not bound by sub-clause 5(vi) and clause 7 of
Schedule 4 to this Agreement.
The Northern Territory further notifies its intention to enter into
discussions with the other parties with the objective of securing the direct
participation of representatives of the Northern Territory Government
concerned with transport administration in any joint or collaborative
processes among the Commonwealth, States and Territories for the establishment
of measures for national motor vehicle emission and noise standards.
