Environment Protection and Biodiversity Conservation Act 1999

The Minister may, by legislative instrument, make national environmental standards for the purposes of this Act.

Before making a national environmental standard, the Minister must be satisfied that:

the standard would promote the objects of this Act; and

the standard would not be inconsistent with Australia’s obligations under the international agreements specified in subsection 520(3).

The Minister may have regard to any other matter the Minister considers relevant when deciding whether to make a national environmental standard.

A national environmental standard:

must prescribe one or more outcomes or objectives; and

may prescribe any of the following:

parameters within, or principles by which, an outcome or objective is to be achieved;

processes or actions to be followed or taken in achieving an outcome or objective.

A national environmental standard, or an instrument varying or revoking a national environmental standard, may also prescribe:

any matters required or permitted by this Act to be dealt with by national environmental standards; or

other matters (including matters of an application, saving or transitional nature) incidental to matters prescribed as mentioned in subsection (4) or prescribed as mentioned in paragraph (a) of this subsection.

In prescribing matters of an application, saving or transitional nature, a national environmental standard, or an instrument varying or revoking a national environmental standard, may provide that the standard, variation or revocation applies in relation to a decision made on or after the day the standard, variation or revocation commences, regardless of whether the decision relates to an application, referral or other matter made before that day.