Division 2Division 2 Making of national environment protection measures
14 Council may make national environment protection measures
(1) The Council may, by instrument in writing, make a measure, to be known as a national environment protection measure, that relates to any one or more of the following:(a) ambient air quality,(b) ambient marine, estuarine and fresh water quality,(c) the protection of amenity in relation to noise (but only if differences in environmental requirements relating to noise would have an adverse effect on national markets for goods and services),(d) general guidelines for the assessment of site contamination,(e) environmental impacts associated with hazardous wastes,(f) the re-use and recycling of used materials,(g) except as provided in subsection (2), motor vehicle noise and emissions.(2) Noise and emission standards relating to the design, construction and technical characteristics of new and in-service motor vehicles may only:(a) be developed and agreed in conjunction with the National Transport Commission, and(b) be determined in accordance with the National Transport Commission Act 2003 of the Commonwealth and, where appropriate, the Motor Vehicle Standards Act 1989 of the Commonwealth.(3) National environment protection measures must each comprise one or more of the following:(a) a national environment protection standard,(b) a national environment protection goal,(c) a national environment protection guideline,(d) a national environment protection protocol.
15 General considerations in making national environment protection measures
In making any national environment protection measure, the Council must have regard to:(a) whether the measure is consistent with section 3 of the Agreement, and(b) the environmental, economic and social impact of the measure, and(c) the simplicity, efficiency and effectiveness of the administration of the measure, and(d) whether the most effective means of achieving the desired environmental outcomes of the measure is by means of a national environment protection standard, goal or guideline or any particular combination thereof, and(e) the relationship of the measure to existing inter-governmental mechanisms, and(f) relevant international agreements to which Australia is a party, and(g) any regional environmental differences in Australia.
16 Council to give notice of intention to prepare a draft of proposed measure
(1) If the Council intends to make a national environment protection measure, the Council must publish a notice:(a) specifying the subject of the proposed measure, and(b) stating that the Council intends to prepare a draft of the proposed measure.(2) The notice must:(a) be published in the Commonwealth of Australia Gazette, and(b) so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.
17 Council to prepare draft of proposed measure and impact statement
Before making any national environment protection measure and not earlier than 30 days after the day on which section 16 (2) (b) has been fully complied with in all participating jurisdictions, the Council must prepare:(a) a draft of the proposed measure, and(b) an impact statement relating to the proposed measure that includes the following:(i) the desired environmental outcomes,(ii) the reasons for the proposed measure and the environmental impact of not making the measure,(iii) a statement of the alternative methods of achieving the desired environmental outcomes and the reasons why those alternatives have not been adopted,(iv) an identification and assessment of the economic and social impact on the community (including industry) of making the proposed measure,(v) a statement of the manner in which any regional environmental differences in Australia have been addressed in the development of the proposed measure,(vi) the intended date for making the proposed measure,(vii) the timetable (if any) for the implementation of the proposed measure,(viii) the transitional arrangements (if any) in relation to the proposed measure.
(1) Before making a national environment protection measure, the Council must publish a notice:(a) stating how the draft of the proposed measure and the impact statement may be obtained, and(b) inviting submissions to the Council on the proposed measure, or on the impact statement, within a specified period.(2) A notice must:(a) be published in the Commonwealth of Australia Gazette, and(b) so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.(3) The period specified in each notice under subsection (1) must end not less than 2 months after the day on which subsection (2) (b) has been fully complied with in all participating jurisdictions.
19 Council to have regard to impact statements and submissions
In making a national environment protection measure, the Council is to have regard, in addition to the matters referred to in section 15, to:(a) the impact statement that relates to the measure, and(b) any submissions it receives that relate to the measure or to the impact statement, and(c) any advice from the NEPC Committee or from a committee established under section 33.
20 Variation or revocation of measures
(1) The Council may vary or revoke any national environment protection measure.(2) If the Council intends to vary or revoke a national environment protection measure, the Council must publish a notice specifying the measure that the Council intends varying or revoking.(3) The notice must:(a) be published in the Commonwealth of Australia Gazette, and(b) so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.(4) Sections 15, 17, 18 and 19 apply to a variation or revocation of a national environment protection measure as if:(a) a reference to making a national environment protection measure were a reference to a variation or revocation of a national environment protection measure, as the case may be, and(b) a reference to a national environment protection measure were a reference to the variation or revocation of such a measure, as the case may be, and(c) a reference to a proposed national environment protection measure were a reference to a proposed variation or proposed revocation of such a measure, as the case may be, and(d) the reference in section 17 to the day on which section 16 (2) (b) has been fully complied with in all participating jurisdictions were a reference to the day on which subsection (3) (b) of this section has been fully complied with in all participating jurisdictions.(5) Subsections (2)–(4) do not apply to a minor variation of a national environment protection measure under Division 2A.
21 National environment protection measures to be Commonwealth disallowable instruments
(1) Section 21 of the Commonwealth Act applies to national environment protection measures made by the Council.(2) Any such measure ceases to have effect if it is disallowed by either House of the Parliament of the Commonwealth or if it otherwise ceases to have effect for the purposes of the Commonwealth Act.
22 Failure to comply with procedural requirements
If:(a) the Council fails to comply with a particular procedural requirement of this Act in making a national environment protection measure, but(b) despite that failure the Council has substantially complied with the procedural requirements of this Act for making that measure,the failure does not invalidate the measure so made.