National Environment Protection Council Act 1994

1. The parties acknowledge that biological diversity is a major and valuable component of the environment and should be protected.

2. The parties note that the Commonwealth Government is currently preparing a draft national strategy for the conservation of biological diversity which is being pursued through the Biological Diversity Advisory Committee which has wide ranging representation, including the States.

3. The parties note that the Commonwealth is responsible for the negotiation, ratification and ensuring implementation of the proposed Biological Diversity Convention.

4. The parties note that the proposed Biological Diversity Convention, while having importance for nature conservation, is likely to have implications across a wide range of Commonwealth and State responsibilities and that the interests and responsibilities of the States and the Commonwealth which may be affected by the proposed Convention are not confined to any particular portfolios.

5. The Commonwealth will continue to provide the States with the opportunity to be represented on Australian delegations to meetings of the Intergovernmental Negotiating Committee for a Convention on Biological Diversity. The Commonwealth and the States will continue their consultations in relation to formulating Australian policy regarding the Convention through the existing mechanisms involving the Department of Foreign Affairs and Trade and State agencies as nominated from time to time by their First Ministers.

6. Given the wide and significant implications of the proposed Convention, the Commonwealth and the States acknowledge that issues may arise which may cause a State to seek consultation in relation to the negotiations at First Minister level.

7. The Australian and New Zealand Environment and Conservation Council, in consultation with and, where appropriate, joint co‑ operation with, other Ministerial Councils, the agencies referred to in clause 5 and relevant organisations, will forward to First Ministers advice on:

8. For the purposes of clause 7, the other Ministerial Councils will include:

Australian Agricultural Council;

Australian Soil Conservation Council;

Australian Water Resources Council;

Australian Forestry Council;

Australian Fisheries Council;

Australian and New Zealand Mineral and Energy Council; and

Australian Industry and Technology Council.