Failure to comply with procedural requirements
22 Failure to comply with procedural requirements
If —
the Council fails to comply with a particular procedural requirement of this Act in making a national environment protection measure; but
despite that failure the Council has substantially complied with the procedural requirements of this Act for making that measure,
the failure does not invalidate the measure so made.
If the Minister of this State who is a member of the Council is of the opinion that in making a national environment protection measure the Council did not comply with section 15(g) in relation to the regional environmental differences of this State, the Minister may give the Chairperson of the Council a written notice to that effect.
If the Minister gives written notice under subsection (2), the Minister must lay the notice and the national environment protection measure before each House of the Parliament of this State within 6 sitting days of that House after the making of the protection measure.
A notice of a resolution to reject the national environment protection measure may be given in either House of the Parliament of this State within 14 sitting days of that House after the notice and the protection measure are laid before it.
If either House of the Parliament of this State passes such a resolution rejecting the national environment protection measure, the protection measure ceases to be a national environment protection measure for the purposes of this Act.
Subsection (4) applies even if the period of 14 days referred to, or part of it, does not occur in the same session of Parliament or during the same Parliament as that in which the protection measure was laid before it.
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