Environment Protection Act 1997

A statutory instrument under this Act may apply, adopt or incorporate a law or instrument as in force from time to time.

The Legislation Act, section 47 (5) and (6) do not apply to a law or instrument applied, adopted or incorporated under a statutory instrument under this Act (an incorporated law or instrument).

Note An incorporated law or instrument does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).

The authority must ensure an incorporated law or instrument is—

on the ACT legislation register; or

available for inspection without charge during ordinary business hours at an ACT government office; or

accessible without charge on an ACT government website, or by a link on an ACT government website.

An incorporated law or instrument is not enforceable by or against the Territory or anyone else unless it is made accessible in accordance with subsection (3).

However, subsections (3) and (4) do not apply if the incorporated law or instrument is—

a law of another jurisdiction; or

an Australian Standard; or

an Australian/New Zealand Standard.

Note Laws of other jurisdictions are available on each jurisdiction’s legislation website. Standards are available at www.standards.org.au.

In this section:

law of another jurisdiction—see the Legislation Act, section 47 (10).