Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 129, 1998
Compilation No. 9
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the National Environment Protection Measures (Implementation) Act 1998 that shows the text of the law as amended and in force on 14 October 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Objects of Act
4 Simplified outline of Act
6 Extension to certain external Territories
6A Application of the Criminal Code
7 Activities carried on by contractors
8 Laws made by local governing authorities
9 Operation of State and Territory laws implementing NEPMs
10 Operation of Act in relation to Commonwealth or a Commonwealth authority
Part 2--Implementation of NEPMs by extending the application of certain provisions of applied State laws to Commonwealth activities in Commonwealth places
11 Part does not apply to certain NEPMs affecting national interest etc.
12 Applied State laws implementing NEPMs to apply to Commonwealth and its authorities
13 Certain provisions of applied State laws not to apply to Commonwealth and its authorities
14 Functions and powers of authorities or officers under applied provisions of applied State laws
15 Applied provisions of applied State laws to be interpreted by reference to the relevant State interpretation statute
Part 3--Implementation of NEPMs by extending the application of certain provisions of State or Territory laws to Commonwealth activities
16 Part does not apply to certain NEPMs affecting national interest etc.
17 State or Territory laws implementing NEPMs to apply to Commonwealth and its authorities
18 Certain provisions of State or Territory laws not to apply to Commonwealth and its authorities
19 Functions and powers of authorities or officers under applied provisions of State or Territory laws
20 Applied provisions of State or Territory laws to be interpreted by reference to the relevant State or Territory interpretation statute
Part 4--Implementation of NEPMs by the making of appropriate regulations
21 NEPMs may be implemented by regulations
Part 5--Implementation of NEPMs by environmental audits and environment management plans
Division 1--Preliminary
22 Meaning of environmental auditor
23 Activities in relation to which this Part applies
Division 2--Environmental audits
24 Relevant Minister to arrange for carrying out of environmental audit
26 Environmental auditor not to be officer or employee of the relevant Minister's Department or to be employed by the relevant Commonwealth authority
27 Environmental auditor to be a fit and proper person
28 Nature of environmental audit
29 Report by environmental auditor
Division 3--Environment management plans
30 Environment management plan
31 Matters to be dealt with in environment management plan
32 Duties of environment manager
Part 6--Ensuring implementation of NEPMs under Parts 4 and 5
33 Relevant Minister responsible for adequate implementation of a NEPM in respect of an activity to which Part 4 or 5 applies
Part 7--Administrative and judicial review
34 Review of decisions by Administrative Review Tribunal
35 Civil jurisdiction of Federal Court
Part 8--Miscellaneous
36 Person entering or searching premises occupied by Commonwealth or Commonwealth authority not to disclose information obtained from entry or search
37 Restriction of entry into or search of exempt premises
38 Commonwealth or Commonwealth authority may pay certain fees and charges
39 Arrangements with States and Territories
40 Annual reports
41 Application of the Criminal Code
42 Regulations
43 Review of operation of Act
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
A = Act | o = order(s) |
ad = added or inserted | Ord = Ordinance |
am = amended | orig = original |
amdt = amendment | par = paragraph(s)/subparagraph(s) |
c = clause(s) | /sub-subparagraph(s) |
C[x] = Compilation No. x | pres = present |
Ch = Chapter(s) | prev = previous |
def = definition(s) | (prev ... ) = previously |
Dict = Dictionary | Pt = Part(s) |
disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
Div = Division(s) | Reg = Regulation/Regulations |
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislative Instruments | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s)/subsection(s) |
Sch = Schedule(s) | |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub-Ch = Sub-Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent date | Commencement | Application, saving and transitional provisions |
National Environment Protection Measures (Implementation) Act 1998 | 129, 1998 | 21 Dec 1998 | 21 Dec 1998 (s 2) |
|
Environment and Heritage Legislation Amendment (Application of Criminal Code) Act 2001 | 15, 2001 | 22 Mar 2001 | ||
Corporations (Repeals, Consequentials and Transitionals) Act 2001 | 55, 2001 | 28 June 2001 | s 4-14 and Sch 3 (item 339): 15 July 2001 (s 2(3) and gaz 2001, No S285) | |
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 | 86, 2002 | 11 Oct 2002 | s 1-3: Royal Assent | -- |
5, 2011 | 22 Mar 2011 | Sch 7 (item 98): 19 Apr 2011 (s 2(1) item 18) | -- | |
10, 2015 | 5 Mar 2015 | Sch 3 (items 272, 273, 348, 349): 5 Mar 2016 (s 2(1) item 2) | Sch 3 (items 348, 349) | |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 218): 10 Mar 2016 (s 2(1) item 6) | -- |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 1 (item 72): 20 Mar 2024 (s 2(1) item 2) | -- |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 7 (item 13): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 5 ..................... | am No 55, 2001; No 5, 2011 |
| ed C8 |
s 6A .................... | ad No 15, 2001 |
Part 2 |
|
s 14.................... | am No 86, 2002 |
Part 3 |
|
s 19.................... | am No 86, 2002 |
Part 5 |
|
Division 2 |
|
s 28.................... | am No 4, 2016 |
s 29.................... | am No 15, 2001 |
Part 7 |
|
s 34.................... | am No 38, 2024 |
Part 8 |
|
s 36.................... | am No 4, 2016 |
s 37.................... | am No 10, 2015; No 4, 2016 |
s 40.................... | am No, 74, 2023 |