National Environment Protection Council Act 1994

This Act is the National Environment Protection Council Act 1994.

The object of this Act is to ensure that, by means of the establishment and operation of the National Environment Protection Council—

people enjoy the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; and

decisions of the business community are not distorted, and markets are not fragmented, by variations between participating jurisdictions in relation to the adoption or implementation of major environmental protection measures.

A word or expression used in the Commonwealth Act has the same meaning in this Act.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

A reference in this Act to the implementation of national environment protection measures includes a reference to the enforcement of the laws and other arrangements made for the purpose of implementing those measures.

It is the intention of the Legislative Assembly that the Australian Capital Territory will, in compliance with its obligations under the agreement, implement, by such laws or other arrangements as are necessary, each national environment protection measure in respect of activities that are subject to the law of the Australian Capital Territory (including activities of the government of the Australian Capital Territory and its instrumentalities).

Part 2 Establishment and membership of National Environment Protection Council

The National Environment Protection Council is established.

The council consists of the following members:

a Minister of the Commonwealth who is nominated by the Prime Minister;

a Minister of each participating State who is nominated by the Premier of the State concerned;

a Minister of each participating Territory who is nominated by the Chief Minister of the Territory concerned.

A member ceases to be a member if—

the participating State or participating Territory in respect of which the member is nominated ceases to be a participating State or participating Territory; or

the member ceases to be a Minister; or

another Minister of the same jurisdiction is nominated in substitution for the member.

Nominations under this section must be in writing.

The exercise of a function or power by the council is not affected by a vacancy or vacancies in the membership of the council.

Anything done by or in relation to a person purporting to act under a nomination under this section is not invalid merely because there was a defect or irregularity in connection with the nomination.

The member referred to in section 8 (1) (a) is the chairperson of the council.

The Prime Minister, the Premier of a participating State or the Chief Minister of a participating Territory may nominate a Minister to be the deputy of the Minister nominated under section 8.

In the event of the absence or unavailability of the chairperson, or of another member, the Minister nominated as the deputy of the chairperson or of that other member—

may act in the place of the chairperson or of that other member; and

while so acting, has all the functions and powers of the chairperson or of that other member.

Nominations under this section must be in writing.

Anything done by or in relation to a person purporting to act under a nomination under subsection (1) is not invalid merely because—

there was a defect or irregularity in connection with the nomination; or

the occasion to act had not arisen or had ceased.

Part 3 Functions and powers of council

Division 3.1 Functions and powers

The council has the following functions:

to make national environment protection measures in accordance with division 3.2;

to assess and report on the implementation and effectiveness in participating jurisdictions of national environment protection measures.