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TASMANIA
__________
NATIONAL ENVIRONMENT PROTECTION
COUNCIL (TASMANIA) AMENDMENT BILL
2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 6 amended (Interpretation)
5. Section 13 amended (Powers of the Council)
6. Section 20 amended (Variation or revocation of
measures)
7. Part 3, Division 2A inserted
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
8. Section 36 amended (Functions of the Service
Corporation)
9. Section 64 amended (Review of operation of Act)
[Bill 1]-I
2
NATIONAL ENVIRONMENT PROTECTION
COUNCIL (TASMANIA) AMENDMENT BILL
2003
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the National Environment
Protection Council (Tasmania) Act 1995
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the National Environment
Protection Council (Tasmania) Amendment Act 2003.
Commencement
2. This Act commences on a day to be proclaimed.
Principal Act
3. In this Act, the National Environment Protection
Council (Tasmania) Act 1995* is referred to as the
Principal Act.
*No. 54 of 1995
[Bill 1] 3
s. 4 No. National Environment Protection 2003
Council (Tasmania) Amendment
Section 6 amended (Interpretation)
4. Section 6(1) of the Principal Act is amended by
inserting after the definition of "member" the following
definitions:
"Ministerial Council" means a council, comprising
one or more Ministers of the Commonwealth
and Ministers of one or more States or
Territories, that includes environmental
protection in its functions;
"minor variation", in relation to a national
environment protection measure, means a
decision under section 22A(1) to vary a
national environment protection measure;
Section 13 amended (Powers of the Council)
5. Section 13 of the Principal Act is amended as follows:
(a) by omitting from paragraph (g) "Association."
and substituting "Association; and";
(b) by inserting the following paragraph after
paragraph (g):
(h) direct the Service Corporation to
provide assistance and support to
other Ministerial Councils.
Section 20 amended (Variation or revocation of
measures)
6. Section 20 of the Principal Act is amended by inserting
after subsection (4) the following subsection:
4
2003 National Environment Protection No. s. 7
Council (Tasmania) Amendment
(5) Subsections (2), (3) and (4) do not apply to
a minor variation of a national environment
protection measure under Division 2A.
Part 3, Division 2A inserted
7. After section 22 of the Principal Act, the following
Division is inserted in Part 3:
Division 2A - Minor variation of national
environment protection measures
Minor variation of measures
22A. (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.
(2) If the Council decides under subsection (1)
to vary a 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
5
s. 7 No. National Environment Protection 2003
Council (Tasmania) Amendment
(ii) the nature and effect of the
proposed variation; and
(iii) the reasons why the Council is
satisfied that the variation does
not involve a significant change in
the effect of the national
environment protection measure.
(3) A variation under this section is a minor
variation.
Public consultation for minor variation
22B. (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 one day during the month when
the Gazette notice is published, in a
newspaper circulating in that State or
Territory.
6
2003 National Environment Protection No. s. 8
Council (Tasmania) Amendment
(3) The period specified in each notice under
subsection (1) must end not less than one month
after the day on which subsection (2)(b) has been
fully complied with in all participating jurisdictions.
Council to have regard to submissions
22C. 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.
Section 36 amended (Functions of the Service
Corporation)
8. Section 36 of the Principal Act is amended as follows:
(a) by inserting the following paragraph after
paragraph (a):
(ab) to provide assistance and support
to other Ministerial Councils as
directed by the Council;
(b) by inserting in paragraph (b) "or
paragraph (ab)" after "paragraph (a)".
7
s. 9 No. National Environment Protection 2003
Council (Tasmania) Amendment
Section 64 amended (Review of operation of Act)
9. Section 64 of the Principal Act is amended by inserting
after subsection (2) the following subsections:
(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 that subsection to be
undertaken.
(4) The report of each further review is to be
tabled in each House of Parliament within 12
months after the end of the period to which it
relates.
8 Government Printer, Tasmania