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s 14

Council may make protection measures

In force
Part 3Functions and powers of the Council
Division 2Making of national environment protection measures

14 Council may make protection measures

(1)

The Council may, by instrument in writing, make a measure, to be known as a national environment protection measure, that relates to any one or more of the following:

(a)

ambient air quality;

(b)

ambient marine, estuarine and fresh water quality;

(c)

the protection of amenity in relation to noise (but only if differences in environmental requirements relating to noise would have an adverse effect on national markets for goods and services);

(d)

general guidelines for the assessment of site contamination;

(e)

environmental impacts associated with hazardous wastes;

(f)

the re‑use and recycling of used materials;

(g)

except as provided in subsection (2), motor vehicle noise and emissions.

(2)

Noise and emission standards relating to the design, construction and technical characteristics of new and in‑service motor vehicles may only —

(a)

be developed and agreed in conjunction with the National Road Transport Commission; and

(b)

be determined in accordance with the National Road Transport Commission Act 1991 2 of the Commonwealth and, where appropriate, the Motor Vehicle Standards Act 1989 of the Commonwealth.

(3)

National environment protection measures must each comprise one or more of the following:

(a)

a national environment protection standard;

(b)

a national environment protection goal;

(c)

a national environment protection guideline;

(d)

a national environment protection protocol.

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Section 14 — Council may make protection measures — National Environment Protection Council (Western Australia) Act 1996 (Western Australia) — Barrister AI