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NATIONAL ENVIRONMENT PROTECTION MEASURES (IMPLEMENTATION) ACT 1998 - SECT 16

Part does not apply to certain NEPMs affecting national interest etc.

Exclusion of Part   in certain circumstances

  (1)   This Part does not apply in relation to a State law or a Territory law providing for the implementation of a NEPM that is relevant to the carrying on of a particular activity by the Commonwealth or a Commonwealth authority if there is in force a declaration by the Environment Minister stating:

  (a)   that an alternative Commonwealth regime for the implementation of the NEPM in relation to that activity will achieve appropriate environmental outcomes; and

  (b)   that the application of that alternative Commonwealth regime is more appropriate than taking any action under this Part:

  (i)   because the activity involves a specified matter of national interest; or

  (ii)   for reasons of administrative efficiency.

Environment Minister may make declarations

  (2)   The Environment Minister may, by writing, make declarations for the purposes of subsection   (1). A copy of a declaration is to be published in the Gazette .

Declarations to be tabled

  (3)   Within 15 sitting days after making a declaration for the purposes of subsection   (1), the Minister must cause a copy of the declaration to be tabled in each House of the Parliament.



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