Commonwealth: National Environment Protection Council Act 1994 (Cth)

National Environment Protection Council Act 1994 No. 126, 1994 Compilation No. 12 Compilation date: 1 July 2021 Includes amendments up to: Act No. 164, 2018 Registered: 13 August 2021 About this compilation This compilation This is a compilation of the National Environment Protection Council Act 1994 that shows the text of the law as amended and in force on 1 July 2021 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Object of Act 4 Act to bind Crown 5 Application of Act 6 Definitions 7 Implementation of national environment protection measures Part 2—Establishment and membership of the National Environment Protection Council 8 The National Environment Protection Council 9 Membership of the Council 10 Chairperson of the Council 11 Deputies Part 3—Functions and powers of the Council Division 1—Functions and powers 12 Functions of the Council 13 Powers of the Council Division 2—Making of national environment protection measures 14 Council may make national environment protection measures 15 General considerations in making national environment protection measures 16 Council to give notice of intention to prepare a draft of proposed measure 17 Council to prepare draft of proposed measure and impact statement 18 Public consultation 19 Council to have regard to impact statements and submissions 20 Variation or revocation of measures 21 National environment protection measures to be legislative instruments 22 Failure to comply with procedural requirements Division 2A—Minor variation of national environment protection measures 22A Minor variation of measures 22B Public consultation for minor variation 22C Council to have regard to submissions etc. Division 3—Assessment and reporting on implementation and effectiveness of measures 23 Report by Minister on implementation and effectiveness of measures 24 Annual report of Council Part 4—Meetings of the Council and establishment and meetings of its Committees Division 1—Meetings of Council 25 Convening of meetings 26 Procedure at meetings 27 Quorum 28 Voting at meetings Division 2—Committees of Council 29 NEPC Committee 30 Chairperson of NEPC Committee 31 Procedures of NEPC Committee 32 Functions of NEPC Committee 33 Other committees 34 Withdrawal from Agreement Part 5—NEPC Executive Officer and staff 39 NEPC Executive Officer 40 Functions of the NEPC Executive Officer 41 NEPC Executive Officer to act in accordance with Council directions 42 Remuneration and allowances 43 Leave of absence 44 Resignation 45 Termination of office 46 Terms and conditions not provided for by Act 47 Acting NEPC Executive Officer 48 Powers and functions of acting NEPC Executive Officer Part 6—National Environment Protection Council Special Account 53 Name of Account 54 Credits to the Account 55 Purposes of the Account Part 7—Miscellaneous 60 Powers and functions conferred under corresponding legislation 61 Delegation by Council 62 Acts done by Council 63 Regulations 64 Review of operation of Act Schedule—Intergovernmental Agreement on the Environment Schedule 1—Data Collection and Handling Schedule 2—Resource Assessment, Land Use Decisions and Approval Processes Schedule 3—Environmental Impact Assessment Schedule 4—National Environment Protection Measures Schedule 5—Climate Change Schedule 6—Biological Diversity Schedule 7—National Estate Schedule 8—World Heritage Schedule 9—Nature Conservation Annexure AReservation by the Northern Territory Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for the establishment of a National Environment Protection Council, and for related purposes Preamble The Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association have entered into an Agreement known as the Intergovernmental Agreement on the Environment setting out certain responsibilities of each party in relation to the environment. That Agreement provides that the Commonwealth, the States, the Australian Capital Territory and the Northern Territory will make joint legislative provision for the establishment of a body to determine national environment protection measures. That Agreement further provides that once the form of the joint legislative provision for the establishment of the body has been agreed to, the Commonwealth, the States, the Australian Capital Territory and the Northern Territory will submit to their Parliaments or Legislative Assemblies, and take such steps as are appropriate to secure the passage of, Bills containing that legislation. The Parliament of Australia enacts: Part 1—Preliminary 1 Short title This Act may be cited as the National Environment Protection Council Act 1994. 2 Commencement (1) This Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of one year beginning on the day on which this Act receives the Royal Assent, it is repealed on the first day after the end of that period. 3 Object of Act The object of this Act is to ensure that, by means of the establishment and operation of the National Environment Protection Council: (a) people enjoy the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; and (b) 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 environment protection measures. 4 Act to bind Crown This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. 5 Application of Act This Act extends to all of the external Territories other than Norfolk Island. 6 Definitions (1) In this Act, unless the contrary intention appears: Agreement means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in the Schedule. Australian Local Government Association means the Australian Local Government Association Limited. Council means the National Environment Protection Council established by section 8. member means a member of the Council. Ministerial Council means a council, comprising one or more Ministers of the Commonwealth and Ministers of one or more of the States or Territories, that includes environmental protection in its functions. minor variation, in relation to a national environment measure, means a decision made under subsection 22A(1) to vary a national environment measure. national environment protection goal means a goal: (a) that relates to desired environmental outcomes; and (b) that guides the formulation of strategies for the management of human activities that may affect the environment. national environment protection guideline means a guideline that gives guidance on possible means for achieving desired environmental outcomes. national environment protection measure means a measure made under subsection 14(1). national environment protection protocol means a protocol that relates to the process to be followed in measuring environmental characteristics to determine: (a) whether a particular standard or goal is being met or achieved; or (b) the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal. national environment protection standard means a standard that consists of quantifiable characteristics of the environment against which environmental quality can be assessed. NEPC Committee means the committee established by section 29. NEPC Executive Officer means the person who, from time to time, holds the office of NEPC Executive Officer established by section 39 and includes a person acting in that office. participating jurisdiction means the Commonwealth, a participating State or a participating Territory. participating State means a State: (a) that is a party to the Agreement; and (b) in which an Act that corresponds to this Act is in force in accordance with the Agreement. participating Territory means a Territory: (a) that is a party to the Agreement; and (b) in which an Act that corresponds to this Act is in force in accordance with the Agreement. Territory means the Australian Capital Territory or the Northern Territory. (2) 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. 7 Implementation of national environment protection measures (1) It is the intention of the Parliament that the Commonwealth will, in compliance with its obligations under the Agreement, implement, by such laws and other arrangements as are necessary, each national environment protection measure in respect of activities that are subject to Commonwealth law, including activities of the Commonwealth (and its instrumentalities) in a participating jurisdiction. (2) Without limiting the generality of subsection (1), the Commonwealth will apply, as Commonwealth law, designated laws used to implement each such measure in a participating jurisdiction, to the extent necessary to achieve the effect referred to in subsection (1). Part 2—Establishment and membership of the National Environment Protection Council 8 The National Environment Protection Council The National Environment Protection Council is established. 9 Membership of the Council (1) The Council consists of the following members: (a) a Minister of the Commonwealth who is nominated by the Prime Minister; (b) a Minister of each participating State who is nominated by the Premier of the State concerned; (c) a Minister of each participating Territory who is nominated by the Chief Minister of the Territory concerned. (2) A member ceases to be a member if: (a) the participating State or participating Territory in respect of which the member is nominated ceases to be a participating State or participating Territory; or (b) the member ceases to be a Minister; or (c) another Minister of the same jurisdiction is nominated in substitution for the member. (3) Nominations under this section must be in writing. (4) The performance of a function or the exercise of a power by the Council is not affected by a vacancy or vacancies in the membership of the Council. (5) 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. 10 Chairperson of the Council The member referred to in paragraph 9(1)(a) is the Chairperson of the Council. 11 Deputies (1) 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 9. (2) 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: (a) may act in the place of the Chairperson or of that other member; and (b) while so acting, has all the functions and powers of the Chairperson or of that other member. (3) Nominations under this section must be in writing. (4) Anything done by or in relation to a person purporting to act under a nomination under subsection (1) is not invalid merely because: (a) there was a defect or irregularity in connection with the nomination; or (b) the occasion to act had not arisen or had ceased. Part 3—Functions and powers of the Council Division 1—Functions and powers 12 Functions of the Council The Council has the following functions: (a) to make national environment protection measures in accordance with Division 2; (b) to assess and report on the implementation and effectiveness, in participating jurisdictions, of national environment protection measures. 13 Powers of the Council The Council has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions, and, in particular, has power to: (a) consult with appropriate persons and bodies; and (b) obtain advice and assistance from the NEPC Committee or from another committee established by the Council under section 33; and (c) undertake or commission research; and (d) publish reports relating to the functions and powers of the Council; and (e) provide information to the public (including industry); and (f) consult with relevant Commonwealth, State and Territory bodies; and (g) consult with the Australian Local Government Association; and (h) direct the NEPC Executive Officer to provide assistance and support to other Ministerial Councils. Division 2—Making of national environment protection measures 14 Council may make national environment 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 Transport Commission; and (b) be determined in accordance with the National Transport Commission Act 2003 and, where appropriate, the Road Vehicle Standards Act 2018. (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. 15 General considerations in making national environment protection measures In making any national environment protection measure, the Council must have regard to: (a) whether the measure is consistent with section 3 of the Agreement; and (b) the environmental, economic and social impact of the measure; and (c) the simplicity, efficiency and effectiveness of the administration of the measure; and (d) whether the most effective means of achieving the desired environmental outcomes of the measure is by means of a national environment protection standard, goal or guideline or any particular combination thereof; and (e) the relationship of the measure to existing inter‑governmental mechanisms; and (f) relevant international agreements to which Australia is a party; and (g) any regional environmental differences in Australia. 16 Council to give notice of intention to prepare a draft of proposed measure (1) If the Council intends to make a national environment protection measure, the Council must publish a notice: (a) specifying the subject of the proposed measure; and (b) stating that the Council intends to prepare a draft of the proposed measure. (2) The notice must: (a) be published in the Gazette; and (b) so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Gazette notice is published, in a newspaper circulating in that State or Territory. 17 Council to prepare draft of proposed measure and impact statement Before making any national environment protection measure and not earlier than 30 days after the day on which paragraph 16(2)(b) has been fully complied with in all participating jurisdictions, the Council must prepare: (a) a draft of the proposed measure; and (b) an impact statement relating to the proposed measure that includes the following: (i) the desired environmental outcomes; (ii) the reasons for the proposed measure and the environmental impact of not making the measure; (iii) a statement of the alternative methods of achieving the desired environmental outcomes and the reasons why those alternatives have not been adopted; (iv) an identification and assessment of the economic and social impact on the community (including industry) of making the proposed measure; (v) a statement of the manner in which any regional environmental differences in Australia have been addressed in the development of the proposed measure; (vi) the intended date for making the proposed measure; (vii) the timetable (if any) for the implementation of the proposed measure; (viii) the transitional arrangements (if any) in relation to the proposed measure. 18 Public consultation (1) Before making a national environment protection measure, the Council must publish a notice: (a) stating how the draft of the proposed measure and the impact statement may be obtained; and (b) inviting submissions to the Council on the proposed measure, or on the impact statement, within a specified period. (2) A notice must: (a) be published in the Gazette; and (b) so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Gazette notice is published, in a newspaper circulating in that State or Territory. (3) The period specified in each notice under subsection (1) must end not less than 2 months after the day on which paragraph (2)(b) has been fully complied with in all participating jurisdictions. 19 Council to have regard to impact statements and submissions In making a national environment protection measure, the Council is to have regard, in addition to the matters referred to in section 15, to: (a) the impact statement that relates to the measure; and (b) any submissions it receives that relate to the measure or to the impact statement; and (c) any advice from the NEPC Committee or from a committee established under section 33. 20 Variation or revocation of measures (1) The Council may vary or revoke any national environment protection measure. (2) If the Council intends to vary or revoke a national environment protection measure, the Council must publish a notice specifying the measure that the Council intends varying or revoking. (3) The notice must: (a) be published in the Gazette; and (b) so far as each participating State or Territory is concerned—also be published, on at least 2 days during the month when the Gazette notice is published, in a newspaper circulating in that State or Territory. (4) Sections 15, 17, 18 and 19 apply to a variation or revocation of a national environment protection measure as if: (a) a reference to making a national environment protection measure were a reference to a variation or revocation of a national environment protection measure, as the case may be; and (b) a reference to a national environment protection measure were a reference to the variation or revocation of such a measure, as the case may be; and (c) a reference to a proposed national environment protection measure were a reference to a proposed variation or proposed revocation of such a measure, as the case may be; and (d) the reference in section 17 to the day on which paragraph 16(2)(b) has been fully complied with in all participating jurisdictions were a reference to the day on which paragraph (3)(b) of this section has been fully complied with in all participating jurisdictions. (5) Subsections (2) to (4) do not apply to a minor variation of a national environment protection measure under Division 2A. 21 National environment protection measures to be legislative instruments (1) A national environment protection measure is a legislative instrument. (2) A national environment protection measure laid before a House of Parliament in accordance with the Legislation Act 2003 must be accompanied by: (a) the impact statement that relates to the measure; and (b) a summary of the submissions received by the Council in relation to the measure and to the impact statement; and (c) the Council's responses to those submissions. (3) In this section: national environment protection measure includes a variation or revocation of such a measure. 22 Failure to comply with procedural requirements If: (a) the Council fails to comply with a particular procedural requirement of this Act in making a national environment protection measure; but (b) 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. Division 2A—Minor variation of national environment protection measures 22A Minor variation of measures (1) The Council may vary any national environment protection measure if: (a) the variation is supported by a unanimous resolution of all of the members; and (b) the resolution states that the variation does not involve a significant change in the effect of the national environment protection measure. A variation under this section is a minor variation. (2) If the Council decides that a variation does not involve a significant change in the effect of the national environment protection measure, the Council must prepare: (a) a draft of the proposed variation; and (b) a statement relating to the variation that explains: (i) the reasons for the proposed variation; and (ii) the nature and effect of the proposed variation; and (iii) the reasons why the Council is satisfied that the variation is a minor variation. 22B Public consultation for minor variation (1) Before making a minor variation to a national environment protection measure, the Council must publish a notice: (a) stating how the draft of the proposed variation and the explanatory statement may be obtained; and (b) inviting submissions to the Council on the proposed variation, or on the explanatory statement, within a specified period. (2) A notice must: (a) be published in the Gazette; and (b) in each participating State or Territory concerned—also be published, on at least 1 day during the month when the Gazette notice is published, in a newspaper circulating in that State or Territory. (3) The period specified in each notice under subsection (1) must end not less than 1 month after the day on which paragraph (2)(b) has been fully complied with in all participating jurisdictions. 22C Council to have regard to submissions etc. In making a minor variation to a national environment protection measure, the Council must have regard to: (a) any submissions it receives that relate to the proposed variation or the explanatory statement; and (b) whether the measure is consistent with section 3 of the Agreement; and (c) relevant international agreements to which Australia is a party; and (d) any regional environmental differences in Australia. Division 3—Assessment and reporting on implementation and effectiveness of measures 23 Report by Minister on implementation and effectiveness of measures (1) The Minister referred to in paragraph 9(1)(a) is, after each reporting year of the Council, to prepare a report on the implementation of national environment protection measures during that year by the Commonwealth and the effectiveness of those measures. (2) A report under subsection (1) must be submitted to the Council by the 30 September next following each reporting year. (3) In this section: reporting year means a year ending on 30 June. 24 Annual report of Council (1) The Council must, as soon as practicable after 30 September in each year, prepare a report of its operations during the year ended on the preceding 30 June. (2) A report prepared under subsection (1) must include: (a) a copy of the report the Council receives under section 23 and copies of the reports for the year that it receives from State and Territory Ministers under corresponding legislation; and (b) the Council's overall assessment of the implementation and effectiveness of national environment protection measures having regard to all of the reports referred to in paragraph (a). (3) A copy of the report is to be laid before each House of the Parliament within 7 sitting days of that House, after the Council has formally adopted the report. Part 4—Meetings of the Council and establishment and meetings of its Committees Division 1—Meetings of Council 25 Convening of meetings The Chairperson: (a) may, at any time, convene a meeting of the Council; and (b) must convene a meeting of the Council when requested to do so in writing signed by at least two‑thirds of the members. 26 Procedure at meetings (1) The Chairperson is to preside at all meetings at which he or she is present. (2) If the Chairperson is not present at a meeting, the members present are to elect one of their number to preside. (3) The Council is to keep minutes of each meeting. (4) Subject to this Division, the Council may regulate the conduct of the proceedings at its meetings as it thinks fit. 27 Quorum At a meeting, two‑thirds of the members constitute a quorum. 28 Voting at meetings (1) At a meeting, a decision of the Council must be supported by the votes of at least two‑thirds of the members, whether present or not. (2) The member presiding at a meeting of the Council has a deliberative vote only. Division 2—Committees of Council 29 NEPC Committee (1) There is established by this section a committee known as the National Environment Protection Council Committee. (2) The NEPC Committee consists of the following members: (a) the NEPC Executive Officer; (b) a nominee of each member of the Council, being an official of the Commonwealth, a State or a Territory, as the case requires. (3) The President of the Australian Local Government Association may nominate a person who is entitled to attend and be heard at any meeting of the NEPC Committee but who is not entitled to vote at any such meeting. 30 Chairperson of NEPC Committee The nominee of the Chairperson of the Council is to be Chairperson of the NEPC Committee. 31 Procedures of NEPC Committee (1) Meetings of the NEPC Committee are to be convened at the request of the Council or by the Chairperson of the Committee in accordance with procedures determined by the Council. (2) The procedures to be followed at a meeting of the NEPC Committee are to be determined by the Committee. 32 Functions of NEPC Committee The functions of the NEPC Committee are to assist and advise the Council in the performance of its functions and the exercise of its powers. 33 Other committees (1) The Council may establish other committees to assist the Council in developing national environment protection measures (including assistance on specified issues). (2) The functions, membership and procedures of such other committees are to be determined by the Council. 34 Withdrawal from Agreement (1) If a State or Territory ceases to be a participating State or participating Territory: (a) the member of the NEPC Committee nominated by the Premier of the State or Chief Minister of the Territory ceases to be a member of the NEPC Committee; and (b) a member of any other committee who represents the State or Territory ceases to be a member of that other committee. (2) If the Australian Local Government Association ceases to be a party to the Agreement, the person nominated by the Association to attend and be heard at meetings of the NEPC Committee ceases to be entitled so to attend and be heard. Part 5—NEPC Executive Officer and staff 39 NEPC Executive Officer (1) There is to be a NEPC Executive Officer. (2) The NEPC Executive Officer is to be appointed by the Council. (3) The NEPC Executive Officer is to be appointed for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re‑appointment. 40 Functions of the NEPC Executive Officer The functions of the NEPC Executive Officer are: (a) to provide assistance and support to the Council, the NEPC Committee and any other committee established under section 33; and (b) to provide assistance and support to other Ministerial Councils as directed by the Council; and (c) to do anything incidental or conducive to the performance of the function referred to in paragraph (a) or (b). 41 NEPC Executive Officer to act in accordance with Council directions (1) The Council may, by notice in writing given to the NEPC Executive Officer, give directions to the Executive Officer with respect to the performance of the Executive Officer's functions. (2) The NEPC Executive Officer must comply with a direction given under subsection (1). 42 Remuneration and allowances (1) The NEPC Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the Council. (2) The NEPC Executive Officer is to be paid such allowances as are determined by the Council. (4) This section has effect subject to the Remuneration Tribunal Act 1973. 43 Leave of absence (1) The NEPC Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Council may grant the NEPC Executive Officer leave of absence other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Council determines. 44 Resignation The NEPC Executive Officer may resign his or her office by writing signed by him or her and delivered to the Chairperson of the Council. 45 Termination of office (1) The Council may terminate the appointment of the NEPC Executive Officer because of misbehaviour or physical or mental incapacity. (2) If the NEPC Executive Officer: (a) engages in paid employment outside the duties of his or her office without the approval of the Council; or (b) is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months; or (c) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or (d) contravenes subsection 41(2) without reasonable excuse; the Council must terminate his or her appointment. 46 Terms and conditions not provided for by Act The NEPC Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Council from time to time. 47 Acting NEPC Executive Officer The Council may appoint a person to act as the NEPC Executive Officer: (a) during a vacancy in the office of NEPC Executive Officer, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the NEPC Executive Officer is absent from Australia or, for any reason, is unable to perform the functions of his or her office. 48 Powers and functions of acting NEPC Executive Officer A person acting in the office of NEPC Executive Officer: (a) has, and may exercise, all the powers of the Executive Officer; and (b) may perform any of the functions of the Executive Officer; and (c) is to be taken to be the Executive Officer for the purpose of any reference to the Executive Officer in any other law. Part 6—National Environment Protection Council Special Account 53 Name of Account (1) The National Environment Protection Council Special Account is established by this section. (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013. 54 Credits to the Account There must be credited to the Account amounts equal to the following: (a) amounts received by the Commonwealth from the States or Territories for the purposes of the Account; (b) amounts appropriated by the Parliament for the purposes of the Account; (c) amounts received by the Commonwealth in relation to performing any functions, or exercising any of the Council's powers, under this Act; (d) amounts of any gifts given or bequests made for the purposes of the Account; (e) interest received by the Commonwealth from the investment of amounts debited from the Account; (f) amounts received by the Commonwealth in relation to property paid for with amounts debited from the Account. Note: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account. 55 Purposes of the Account (1) The purposes of the Account are as follows: (a) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the functions of: (i) the Council; or (ii) the NEPC Committee; or (iii) any other committee established under section 33; (b) either: (i) paying grants for amounts consistent with the aim of people enjoying the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; or (ii) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in undertaking projects with that aim; whether or not the grants or projects relate to a national environment protection measure or proposed national environment protection measure; (c) paying any remuneration and allowances payable to any person under this Act; (d) meeting the expenses of administering the Account; (e) paying amounts that are required or permitted to be repaid under this Act; (f) paying for activities that are incidental to the purposes mentioned in paragraphs (a) to (e). Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). (2) However, the purposes of the Account referred to in paragraph (1)(b) are limited to: (a) purposes related to external affairs, including: (i) purposes related to giving effect to an international agreement to which Australia is a party; and (ii) purposes related to addressing matters of international concern; and (b) purposes related to a Territory; and (c) purposes related to the executive power of the Commonwealth; and (d) purposes related to matters that are peculiarly adapted to the government of a nation, and that cannot otherwise be carried on for the benefit of the nation; and (e) purposes related to matters incidental to the purposes referred to in paragraphs (a) to (d). Part 7—Miscellaneous 60 Powers and functions conferred under corresponding legislation The Council, each committee of the Council and the NEPC Executive Officer have, in addition to the powers and functions conferred on them by this Act, such powers and functions as are conferred on them by the Act of each other participating jurisdiction that corresponds to this Act. 61 Delegation by Council (1) The Council may, by resolution, delegate all or any of its functions and powers conferred by this Act (other than its powers under sections 14, 20 and 63) to the NEPC Committee or the NEPC Executive Officer. (2) A delegation under this section may be varied or revoked by resolution of the Council (whether or not constituted by the persons constituting the Council at the time when the power or function was delegated). 62 Acts done by Council (1) A certificate that: (a) purports to be signed by a member of the Council, or by the NEPC Executive Officer; and (b) states that the Council has done any act or thing or formed any opinion; is, on mere production, receivable as prima facie evidence that the Council has done the act or thing or formed the opinion. (2) An act or thing done by the Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council's membership. 63 Regulations The Governor‑General may, on the recommendation of the Council, make regulations prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. 64 Review of operation of Act Initial review after fifth anniversary of commencement of Act (1) The Council must cause a review of: (a) the operation of this Act and the Act of each other participating jurisdiction that corresponds to this Act; and (b) the extent to which the object set out in section 3 of each such Act has been achieved; to be undertaken as soon as possible after the fifth anniversary of the commencement of this Act. (2) The report of the review is to be tabled in each House of the Parliament within 12 months after the fifth anniversary of the commencement of this Act. Subsequent 5 yearly reviews (3) As soon as possible after the end of every 5 year period following the review under subsection (1), the Council must cause a further review of the kind set out in subsection (1) to be undertaken. (4) The report of each further review is to be tabled in each House of the Parliament within 12 months after the end of the period to which it relates. Schedule—Intergovernmental Agreement on the Environment Section 6 INTERGOVERNMENTAL AGREEMENT ON THE ENVIRONMENT AN AGREEMENT made the 1st day of May one thousand nine hundred and ninety two BETWEEN THE COMMONWEALTH OF AUSTRALIA of the first part, THE STATE OF NEW SOUTH WALES of the second part, THE STATE OF VICTORIA of the third part, THE STATE OF QUEENSLAND of the fourth part, THE STATE OF WESTERN AUSTRALIA of the fifth part, THE STATE OF SOUTH AUSTRALIA of the sixth part, THE STATE OF TASMANIA of the seventh part, THE AUSTRALIAN CAPITAL TERRITORY of the eighth part, THE NORTHERN TERRITORY OF AUSTRALIA of the ninth part, THE AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION of the tenth part. WHEREAS On 31 October 1990, Heads of Government of the Commonwealth, States and Territories of Australia, and representatives of Local Government in Australia, meeting at a Special Premiers' Conference held in Brisbane, agreed to develop and conclude an Intergovernmental Agreement on the Environment to provide a mechanism by which to facilitate: * a cooperative national approach to the environment; * a better definition of the roles of the respective governments; * a reduction in the number of disputes between the Commonwealth and the States and Territories on environment issues; * greater certainty of Government and business decision making; and * better environment protection; AND WHEREAS the Parties to this Agreement ACKNOWLEDGE the important role of the Commonwealth and the States in relation to the environment and the contribution the States can make in the development of national and international policies for which the Commonwealth has responsibilities; RECOGNISE that environmental concerns and impacts respect neither physical nor political boundaries and are increasingly taking on interjurisdictional, international and global significance in a way that was not contemplated by those who framed the Australian Constitution; RECOGNISE that the concept of ecologically sustainable development including proper resource accounting provides potential for the integration of environmental and economic considerations in decision making and for balancing the interests of current and future generations; RECOGNISE that it is vital to develop and continue land use programs and co‑operative arrangements to achieve sustainable land use and to conserve and improve Australia's biota, and soil and water resources which are basic to the maintenance of essential ecological processes and the production of food, fibre and shelter; ACKNOWLEDGE that the efficiency and effectiveness of administrative and political processes and systems for the development and implementation of environmental policy in a Federal system will be a direct function of:— (i) the extent to which roles and responsibilities of the different levels of Government can be clearly and unambiguously defined; (ii) the extent to which duplication of functions between different levels of Government can be avoided; (iii) the extent to which the total benefits and costs of decisions to the community are explicit and transparent; (iv) the extent to which effective processes are established for co‑operation between governments on environmental issues; and (v) the extent to which responsible Governments are clearly accountable to the electorate for the development and implementation of policy; and ACKNOWLEDGE that in the development and implementation of environmental policy it is necessary to accommodate the regional environmental differences which occur within Australia; THE PARTIES AGREE AS FOLLOWS: SECTION 1—APPLICATION AND INTERPRETATION 1.1 "Commonwealth" means the Commonwealth of Australia. 1.2 "States" means a State or Territory named as a party to this Agreement. 1.3 "Local Government" means a Local Government body established by or under a law of a State other than a body the sole or principal function of which is to provide a particular service (such as the supply of electricity or water). 1.4 "Australian Local Government Association" means the Federation of State‑wide Local Government Associations of the States, constituted by Local Government bodies. 1.5 A reference in this Agreement to the words "give full faith and credit" to the results of mutually approved or accredited systems, practices, procedures or processes, means that the Commonwealth and the States acting in accordance with the laws in force in their jurisdictions, will accept and rely on the outcomes of that system or the practices, procedures or processes, as the case may be, as a basis for their decision making. In making the decision to accredit a system or practices, procedures or processes, the Commonwealth or the States may make provision for how unforeseeable circumstances or flawed execution may be taken into account. A decision to accept and rely on the outcome does not preclude the Commonwealth or the States taking factors into account in their decision making, other than those dealt with in that system or those practices, procedures or processes. 1.6 A reference to a Ministerial Council in this Agreement is a reference not to the Ministerial Council as such but to the Australian members of that Council acting separately from that Council pursuant to this Agreement. 1.7 Commonwealth responsibilities under this Agreement include ensuring adherence as far as practicable within the External Territories and the Jervis Bay Territory. 1.8 Any matters under this Agreement which are the responsibility of the Norfolk Island Assembly under the Norfolk Island Act 1979 will be referred by the Commonwealth to the Norfolk Island Government for its consideration. 1.9 In relation to each of its external Territories and the Territory of Jervis Bay, the Commonwealth has, subject to paragraphs 1.7 and 1.8 the same responsibilities and interests as each State has in relation to that State under paragraph 2.3. 1.10 Section 2.2.3 of this Agreement should be read subject to the Australian Capital Territory (Planning and Land Management) Act 1988. 1.11 The Commonwealth, the States and the Australian Local Government Association acknowledge that while the Association is a party to this Agreement, it cannot bind local government bodies to observe the terms of this Agreement. However in view of the responsibilities and interests of local government in environmental matters and in recognition of the partnership established between the three levels of government by the Special Premiers Conference process, the Commonwealth and the States have included the Australian Local Government Association as a party to this Agreement and included references in the Agreement to local government and all levels of government. 1.12 The States will consult with and involve Local Government in the application of the principles and the discharge of responsibilities contained in this Agreement to the extent that State statutes and administrative arrangements authorise or delegate responsibilities to Local Government, and in a manner which reflects the concept of partnership between the Commonwealth, State and Local Governments. 1.13 Questions of interpretation of this Agreement are to be raised in the first instance in the appropriate Ministerial Council(s) after consultation by the Chair of the Ministerial Council with the President of the Australian Local Government Association where appropriate. Where these mechanisms do not resolve the interpretation, the matter will be dealt with by reference from the Ministerial Council(s) to First Ministers. SECTION 2—ROLES OF THE PARTIES—RESPONSIBILITIES AND INTERESTS 2.1 RESPONSIBILITIES AND INTERESTS OF ALL PARTIES 2.1.1 The following will guide the parties in defining the roles, responsibilities and interests of all levels of Government in relation to the environment and in particular in determining the content of Schedules to this Agreement. 2.2 RESPONSIBILITIES AND INTERESTS OF THE COMMONWEALTH 2.2.1 The responsibilities and interests of the Commonwealth in safeguarding and accommodating national environmental matters include: (i) matters of foreign policy relating to the environment and, in particular, negotiating and entering into international agreements relating to the environment and ensuring that international obligations relating to the environment are met by Australia; (ii) ensuring that the policies or practices of a State do not result in significant adverse external effects in relation to the environment of another State or the lands or territories of the Commonwealth or maritime areas within Australia's jurisdiction (subject to any existing Commonwealth legislative arrangements in relation to maritime areas). (iii) facilitating the co‑operative development of national environmental standards and guidelines as agreed in Schedules to this Agreement. 2.2.2 When considering its responsibilities and interests under paragraph 2.2.1(ii), the Commonwealth will have regard to the role of the States in dealing with significant adverse external effects as determined in 2.5.5 of this Agreement, and any action taken pursuant to 2.5.5. 2.2.3 The Commonwealth has responsibility for the management (including operational policy) of living and non‑living resources on land which the Commonwealth owns or which it occupies for its own use. 2.3 RESPONSIBILITIES AND INTERESTS OF THE STATES 2.3.1 Each State will continue to have responsibility for the development and implementation of policy in relation to environmental matters which have no significant effects on matters which are the responsibility of the Commonwealth or any other State. 2.3.2 Each State has responsibility for the policy, legislative and administrative framework within which living and non living resources are managed within the State. 2.3.3 The States have an interest in the development of Australia's position in relation to any proposed international agreements (either bilateral or multilateral) of environmental significance which may impact on the discharge of their responsibilities. 2.3.4 The States have an interest and responsibility to participate in the development of national environmental policies and standards. 2.4 RESPONSIBILITIES AND INTERESTS OF LOCAL GOVERNMENT 2.4.1 Local Government has a responsibility for the development and implementation of locally relevant and applicable environmental policies within its jurisdiction in co‑operation with other levels of Government and the local community. 2.4.2 Local Government units have an interest in the environment of their localities and in the environments to which they are linked. 2.4.3 Local Government also has an interest in the development and implementation of regional, Statewide and national policies, programs and mechanisms which affect more than one Local Government unit. 2.5 ACCOMMODATION OF INTERESTS 2.5.1 Between the States and the Commonwealth 2.5.1.1 Where there is a Commonwealth interest in an environmental matter which involves one or more States, that interest will be accommodated as follows: (i) the Commonwealth and the affected States will cooperatively set outcomes or standards and periodically review progress in meeting those standards or achieving those outcomes; or (ii) where outcomes or standards are impractical or inappropriate, the Commonwealth may approve or accredit a State's practices, procedures, and processes; or (iii) where the Commonwealth does not agree that State practices, procedures or processes are appropriate, the Commonwealth and the States concerned will endeavour to agree to modification of those practices, procedures and processes to meet the needs of both the Commonwealth and the States concerned; (iv) where agreement is reached between the Commonwealth and a State under (iii) the Commonwealth will approve or accredit that State practice, procedure or process. 2.5.1.2 Where it has approved or accredited practices, procedures or processes under 2.5.1.1 the Commonwealth will give full faith and credit to the results of such practices, procedures and processes when exercising Commonwealth responsibilities. 2.5.1.3 Where a State considers that its interests can be accommodated by approving or accrediting Commonwealth practices, procedures or processes, or an agreed modified form of those practices, procedures or processes, a State may enter into arrangements with the Commonwealth for that purpose. 2.5.1.4 Where a State has approved or accredited practices, procedures or processes under 2.5.1.3 that State will give full faith and credit to the results of such practices, procedures or processes when exercising State responsibilities. 2.5.1.5 The Commonwealth and the States note that decisions on major environmental issues taken at one level of government may have significant financial implications for other levels of government and agree that consideration will be given to these implications where they are major or outside the normal discharge of legislative or administrative responsibilities of the level of government concerned. 2.5.1.6 Clause 2.5.1.5 applies to each of the Schedules to this Agreement. 2.5.2 International Agreements 2.5.2.1 The parties recognise that the Commonwealth has responsibility for negotiating and entering into international agreements concerning the environment. The Commonwealth agrees to exercise that responsibility having regard to this Agreement and the Principles and Procedures for the Commonwealth‑State Consultation on Treaties as agreed from time to time. In particular, the Commonwealth will consult with the States in accordance with the Principles and Procedures, prior to entering into any such international agreements. 2.5.2.2 The Commonwealth will, where a State interest has become apparent pursuant to the Principles and Procedures and subject to the following provisions not being allowed to result in unreasonable delays in the negotiation, joining or implementation of international agreements: (i) notify and consult with the States at the earliest opportunity on any proposals for the development or revision of international agreements which are relevant to Australia and which relate to the environment and will take into account the views of the States in formulating Australian policy, including consultation on issues relating to roles, responsibilities and costs; (ii) when requested, include in appropriate cases, a representative or representatives of the States on Australian delegations negotiating international agreements related to the environment. Any such representation will be subject to the approval of the Minister for Foreign Affairs and Trade, and will, unless otherwise agreed, be at the expense of the States; (iii) prior to ratifying or acceding to, approving or accepting any international agreement with environmental significance, consult the States in an effort to secure agreement on the manner in which the obligations incurred should be implemented in Australia, consistent with the roles and responsibilities established pursuant to this Agreement. 2.5.2.3 The States will establish and advise the Commonwealth on the appropriate channels of communication, and persons responsible for consultation, to ensure that the Commonwealth can discharge its international responsibilities in a timely manner. 2.5.2.4 When ratifying, or acceding to, approving or accepting any international agreement with environmental significance, the Commonwealth will consider, on a case by case basis, making the standard Federal Statement on ratification, accession, approval or acceptance. 2.5.3 Mechanisms for Determining Commonwealth Interests 2.5.3.1 Where a State wishes to determine whether or not an environmental matter in that State will involve the interests of the Commonwealth and is not covered by any established processes, that State may request the Commonwealth to indicate whether that matter is a matter of Commonwealth interest. 2.5.3.2 On receipt of a request from a State, the Commonwealth will consult with that State. If the Commonwealth requires further information it will seek such information within six weeks. The Commonwealth will, as soon as possible, or in any event within eight weeks after receipt of the original request, or six weeks after the provision of the further information, as the case may be, notify the State whether or not it considers that the matter does involve Commonwealth interests. If it does involve Commonwealth interests, the Commonwealth will notify all other States of the basis and scope of its interest. 2.5.3.3 Where the Commonwealth wishes to determine whether or not a State agrees that an environmental matter in that State involves the interests of the Commonwealth, it may seek advice from the State concerned and the State and the Commonwealth will, if necessary, enter into discussions on the matter within four weeks after the State receives the request for advice. 2.5.3.4 The Commonwealth and the States recognise the importance of responding to requests made under 2.5.3.1 and 2.5.3.3 in the shortest possible time. 2.5.3.5 Where there is disagreement as to whether or not there is a Commonwealth interest in an environmental matter, the Commonwealth and the States concerned will use their best endeavours to resolve the disagreement at First Minister level. 2.5.4 Duplication of Interests 2.5.4.1 With a view to eliminating functional duplication, wherever the interests of a level of Government have been accommodated, the relevant levels of Government will review the need and justification for retaining any comparable processes or institutions. 2.5.4.2 Where some duplication or overlap of interests between levels of government is unavoidable, the relevant levels of Government will seek clear and distinct liaison and consultative procedures, under mechanisms to be agreed at First Minister level, such as Ministerial Councils, to coordinate and harmonise actions and to avoid disputes. 2.5.4.3 Any review under clause 2.5.4.1 or liaison and consultation procedures under 2.5.4.2 will be guided by the need to work towards simplicity, certainty and transparency in the mechanisms relevant to the development and implementation of environmental policy, consistent with the maintenance of proper environmental protection. 2.5.5 Between the States 2.5.5.1 Where the policies, programs, projects, legislation or regulations of a State may affect the environment of another State or States, the States undertake to provide timely notification to any affected State, and appropriate consultation in relation to those policies, programs, projects, legislation or regulations. 2.5.5.2 Wherever significant adverse external effects on another State are expected or identified, the relevant States will use their best endeavours to establish appropriate mechanisms for ensuring cooperative management. 2.5.5.3 Where the States are directly and cooperatively involved with the management of significant adverse external effects and one or more of the States considers that one or more of the other States are not adequately discharging their management responsibilities, the State or States concerned will endeavour to resolve expeditiously any issue of disagreement or concern. 2.5.5.4 The States will if necessary determine what mechanism or process should be employed to resolve any disagreement or matter of concern, which mechanism or process may include inviting the Commonwealth to assist in the resolution of the matter. 2.5.6 National Interest Notwithstanding the particular responsibilities of the Commonwealth in safeguarding and accommodating national environmental matters, the parties agree that all levels of Government have a responsibility to ensure that matters of national interest are properly taken into account in their activities. SECTION 3—PRINCIPLES OF ENVIRONMENTAL POLICY 3.1 The parties agree that the development and implementation of environmental policy and programs by all levels of Government should be guided by the following considerations and principles. 3.2 The parties consider that the adoption of sound environmental practices and procedures, as a basis for ecologically sustainable development, will benefit both the Australian people and environment, and the international community and environment. This requires the effective integration of economic and environmental considerations in decision‑making processes, in order to improve community well‑being and to benefit future generations. 3.3 The parties consider that strong, growing and diversified economies (committed to the principles of ecologically sustainable development) can enhance the capacity for environmental protection. In order to achieve sustainable economic development, there is a need for a country's international competitiveness to be maintained and enhanced in an environmentally sound manner. 3.4 Accordingly, the parties agree that environmental considerations will be integrated into Government decision‑making processes at all levels by, among other things: (i) ensuring that environmental issues associated with a proposed project, program or policy will be taken into consideration in the decision making process; (ii) ensuring that there is a proper examination of matters which significantly affect the environment; and (iii) ensuring that measures adopted should be cost‑effective and not be disproportionate to the significance of the environmental problems being addressed. 3.5 The parties further agree that, in order to promote the above approach, the principles set out below should inform policy making and program implementation. 3.5.1 precautionary principle— Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, public and private decisions should be guided by: (i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment; and (ii) an assessment of the risk‑weighted consequences of various options. 3.5.2 intergenerational equity— the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations. 3.5.3 conservation of biological diversity and ecological integrity— conservation of biological diversity and ecological integrity should be a fundamental consideration. 3.5.4 improved valuation, pricing and incentive mechanisms— * environmental factors should be included in the valuation of assets and services * polluter pays i.e. those who generate pollution and waste should bear the cost of containment, avoidance, or abatement * the users of goods and services should pay prices based on the full life cycle costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any wastes * environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, which enable those best placed to maximise benefits and/or minimise costs to develop their own solutions and responses to environmental problems. SECTION 4—IMPLEMENTATION AND APPLICATION OF PRINCIPLES 4.1 The Schedules to this Agreement deal with specific areas of environmental policy and management and form part of this Agreement. The schedules have been prepared and are to be interpreted in accordance with Sections 1, 2 and 3 of this Agreement. 4.2 Nothing in this Agreement will affect any existing intergovernmental agreement between the Commonwealth and a State or States, or between the States, unless alterations or amendments to those agreements are proposed in accordance with any existing review process and/or any review process arising as a result of this Agreement. 4.3 For each particular Schedule included in this Agreement, the Commonwealth and the States undertake to nominate an agency or Ministry to assume primary responsibility within its jurisdiction for the issues covered in the Schedule and to inform the other parties accordingly. 4.4 Where not otherwise provided in the Schedules, existing intergovernmental arrangements will be the primary mechanisms for the cooperative application of the provisions of this Agreement. SECTION 5—REVIEW 5.1 The operation of this Agreement will be reviewed every three years by the presentation of a report from the relevant Ministerial Councils to the First Ministers following consultation by the Chair of the Ministerial Council with the President of the Australian Local Government Association. 5.2 The Agreement may be amended and schedules added by agreement of all First Ministers. Prior to making amendments in relation to matters specified in this Agreement, or developing any draft schedules,