Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 126, 1994
Compilation No. 12
Compilation date: 1 July 2021
Includes amendments up to: Act No. 164, 2018
Registered: 13 August 2021
About this compilation
This compilation
This is a compilation of the National Environment Protection Council Act 1994 that shows the text of the law as amended and in force on 1 July 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Object of Act
4 Act to bind Crown
5 Application of Act
7 Implementation of national environment protection measures
Part 2--Establishment and membership of the National Environment Protection Council
8 The National Environment Protection Council
9 Membership of the Council
10 Chairperson of the Council
11 Deputies
Part 3--Functions and powers of the Council
Division 1--Functions and powers
12 Functions of the Council
13 Powers of the Council
Division 2--Making of national environment protection measures
14 Council may make national environment protection measures
15 General considerations in making national environment protection measures
16 Council to give notice of intention to prepare a draft of proposed measure
17 Council to prepare draft of proposed measure and impact statement
18 Public consultation
19 Council to have regard to impact statements and submissions
20 Variation or revocation of measures
21 National environment protection measures to be legislative instruments
22 Failure to comply with procedural requirements
Division 2A--Minor variation of national environment protection measures
22A Minor variation of measures
22B Public consultation for minor variation
22C Council to have regard to submissions etc.
Division 3--Assessment and reporting on implementation and effectiveness of measures
23 Report by Minister on implementation and effectiveness of measures
24 Annual report of Council
Part 4--Meetings of the Council and establishment and meetings of its Committees
Division 1--Meetings of Council
25 Convening of meetings
26 Procedure at meetings
27 Quorum
28 Voting at meetings
Division 2--Committees of Council
29 NEPC Committee
30 Chairperson of NEPC Committee
31 Procedures of NEPC Committee
32 Functions of NEPC Committee
33 Other committees
34 Withdrawal from Agreement
Part 5--NEPC Executive Officer and staff
39 NEPC Executive Officer
40 Functions of the NEPC Executive Officer
41 NEPC Executive Officer to act in accordance with Council directions
42 Remuneration and allowances
43 Leave of absence
44 Resignation
45 Termination of office
46 Terms and conditions not provided for by Act
47 Acting NEPC Executive Officer
48 Powers and functions of acting NEPC Executive Officer
Part 6--National Environment Protection Council Special Account
53 Name of Account
54 Credits to the Account
55 Purposes of the Account
Part 7--Miscellaneous
60 Powers and functions conferred under corresponding legislation
61 Delegation by Council
62 Acts done by Council
63 Regulations
64 Review of operation of Act
Schedule--Intergovernmental Agreement on the Environment
Schedule 1--Data Collection and Handling
Schedule 2--Resource Assessment, Land Use Decisions and Approval Processes
Schedule 3--Environmental Impact Assessment
Schedule 4--National Environment Protection Measures
Schedule 5--Climate Change
Schedule 6--Biological Diversity
Schedule 7--National Estate
Schedule 8--World Heritage
Schedule 9--Nature Conservation
Annexure AReservation by the Northern Territory
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Preamble
The Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association have entered into an Agreement known as the Intergovernmental Agreement on the Environment setting out certain responsibilities of each party in relation to the environment.
That Agreement provides that the Commonwealth, the States, the Australian Capital Territory and the Northern Territory will make joint legislative provision for the establishment of a body to determine national environment protection measures.
That Agreement further provides that once the form of the joint legislative provision for the establishment of the body has been agreed to, the Commonwealth, the States, the Australian Capital Territory and the Northern Territory will submit to their Parliaments or Legislative Assemblies, and take such steps as are appropriate to secure the passage of, Bills containing that legislation.
The Parliament of Australia enacts:
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
126, 1994 | 18 Oct 1994 | 15 Sept 1995 (s 2(1)) |
| |
152, 1997 | 24 Oct 1997 | Sch 2 (items 949, 950): 1 Jan 1998 (s 2(2)) | -- | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 623-626): 5 Dec 1999 (s 2(2)) | -- |
142, 2002 | 19 Dec 2002 | Sch 1: 19 Dec 2003 (s 2(1) item 2) | -- | |
National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003 | 82, 2003 | 6 Sept 2003 | Sch 1 (items 1, 2, 4-8) and Sch 2: 15 Jan 2004 (s 2(1) items 2, 4, 5) | Sch 2 |
5, 2011 | 22 Mar 2011 | Sch 5 (items 141, 142): 19 Apr 2011 (s 2(1) item 13) | -- | |
103, 2013 | 29 June 2013 | Sch 3 (items 122-124, 343): 29 June 2013 (s 2(1) item 16) | Sch 3 (item 343) | |
62, 2014 | 30 June 2014 | Sch 5 (items 34-49) and Sch 14: 1 July 2014 (s 2(1) item s 3, 14) | Sch 5 (item 47) and Sch 14 | |
as amended by |
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|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
59, 2015 | 26 May 2015 | Sch 2 (item 264): 1 July 2016 (s 2(1) item 5) | Sch 2 (items 356-396) | |
as amended by |
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|
|
|
33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | -- | |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 398): 5 Mar 2016 (s 2(1) item 2) | -- |
Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 | 164, 2018 | 10 Dec 2018 | Sch 4 (item 14): 1 July 2021 (s 2(1) item 5) | -- |
Provision affected | How affected |
Part 1 |
|
s 4..................... | am No 59, 2015 |
s 6..................... | am No 142, 2002; No 5, 2011; No 62, 2014 |
Part 3 |
|
Division 1 |
|
s 13.................... | am No 142, 2002; No 62, 2014 |
Division 2 |
|
s 14.................... | am No 82, 2003; No 164, 2018 |
s 20.................... | am No 142, 2002 |
s 21.................... | am No 103, 2013; No 126, 2015 |
Division 2A |
|
Division 2A............... | ad No 142, 2002 |
s 22A................... | ad No 142, 2002 |
s 22B................... | ad No 142, 2002 |
s 22C................... | ad No 142, 2002 |
Part 5 |
|
Part 5 heading............. | rs No 62, 2014 |
Division 1................ | rep No 62, 2014 |
s 35.................... | rep No 62, 2014 |
s 36.................... | am No 142, 2002 |
| rep No 62, 2014 |
s 37.................... | rep No 62, 2014 |
s 38.................... | rep No 62, 2014 |
Division 2 heading.......... | rep No 62, 2014 |
s 40.................... | rs No 62, 2014 |
s 41.................... | am No 62, 2014 |
s 42.................... | am No 62, 2014 |
s 43.................... | am No 146, 1999 |
Division 3................ | rep No 62, 2014 |
s 49.................... | am No 146, 1999 |
| rep No 62, 2014 |
s 50.................... | rep No 62, 2014 |
s 51.................... | am No 146, 1999 |
| rep No 62, 2014 |
s 52.................... | rep No 62 2014 |
Part 6 |
|
Part 6 heading............. | rs No 62, 2014 |
s 53.................... | am No 5, 2011 |
| rs No 62, 2014 |
s 54.................... | rs No 62, 2014 |
s 55.................... | rs No 62, 2014 |
s 56.................... | am No 152, 1997 |
| rep No 62, 2014 |
s 57.................... | rep No 62, 2014 |
s 58.................... | rep No 152, 1997 |
s 59.................... | rs No 152, 1997 |
| rep No 62, 2014 |
Part 7 |
|
s 60.................... | am No 62, 2014 |
s 61.................... | am No 62, 2014 |
s 64.................... | am No 142, 2002 |
** See Northern Territory reservation at Annexure A[1]