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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia National Environment Protection Council (Western Australia) Amendment Bill 2007 CONTENTS 1. Short title 2 2. Commencement 2 3. The Act amended 2 4. Section 6 amended 2 5. Section 13 amended 3 6. Section 20 amended 3 7. Part 3 Division 2A inserted 3 Division 2A -- Minor variation of national environment protection measures 22A. Minor variation of measures 3 22B. Public consultation for minor amendments 4 22C. Council to have regard to submissions 5 8. Section 36 amended 5 9. Section 43 amended 6 10. Section 49 amended 6 11. Section 51 amended 6 12. Section 56 amended 6 13. Section 59 replaced 7 59. Annual reports 7 14. Section 64 amended 7 188--1 page i Western Australia LEGISLATIVE ASSEMBLY National Environment Protection Council (Western Australia) Amendment Bill 2007 A Bill for An Act to amend the National Environment Protection Council (Western Australia) Act 1996. The Parliament of Western Australia enacts as follows: page 1 National Environment Protection Council (Western Australia) Amendment Bill 2007 s. 1 1. Short title This is the National Environment Protection Council (Western Australia) Amendment Act 2007. 2. Commencement 5 This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. The Act amended The amendments in this Act are to the National Environment Protection Council (Western Australia) Act 1996*. 10 [* Reprint 1 as at 12 March 2004 For subsequent amendments see Act No. 77 of 2006.] 4. Section 6 amended Section 6(1) is amended by inserting in the appropriate alphabetical positions -- 15 " "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 20 in its functions; "minor variation", in relation to a national environment protection measure, means a decision made under section 22A(1) to vary the national environment protection measure; 25 ". page 2 National Environment Protection Council (Western Australia) Amendment Bill 2007 s. 5 5. Section 13 amended Section 13 is amended as follows: (a) after paragraph (g) by deleting the full stop and inserting instead -- 5 " ; and (h) direct the Service Corporation to provide assistance and support to other Ministerial Councils. 10 "; (b) after each of paragraphs (a) to (e) by inserting -- " and ". 6. Section 20 amended After section 20(4) the following subsection is inserted -- 15 " (5) Subsections (2) to (4) do not apply to a minor variation of a national environment protection measure under Division 2A. ". 20 7. Part 3 Division 2A inserted After Part 3 Division 2 the following Division is inserted -- " Division 2A -- Minor variation of national environment protection measures 25 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 page 3 National Environment Protection Council (Western Australia) Amendment Bill 2007 s. 7 (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". 5 (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 10 (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 15 variation; and (iii) the reasons why the Council is satisfied that the variation is a minor variation. 22B. Public consultation for minor amendments (1) Before making a minor variation to a national 20 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 25 (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 30 (b) in each participating State or Territory concerned, be published, on at least 1 day during the month in which the Gazette notice is page 4 National Environment Protection Council (Western Australia) Amendment Bill 2007 s. 8 published, in a newspaper circulating in that State or Territory. (3) The period specified in each notice under subsection (1) must end no less than 1 month after the 5 day on which subsection (2)(b) has been fully complied within all participating jurisdictions. 22C. Council to have regard to submissions In making a minor variation to a national environment protection measure, the Council must have regard to -- 10 (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 15 (c) relevant international agreements to which Australia is a party; and (d) any regional environmental differences in Australia. ". 20 8. Section 36 amended Section 36 is amended as follows: (a) by inserting after paragraph (a) -- " (aa) to provide assistance and support to other 25 Ministerial Councils as directed by the Council; and "; (b) in paragraph (b) by inserting after "(a)" -- " or (aa) ". page 5 National Environment Protection Council (Western Australia) Amendment Bill 2007 s. 9 9. Section 43 amended Section 43(1) is amended by deleting "Subject to section 87E of the Public Services Act 1922 of the Commonwealth, the" and inserting instead -- 5 " The ". 10. Section 49 amended (1) Section 49(1) is amended by deleting "appointed or employed under the Public Service Act 1922" and inserting instead -- " engaged under the Public Service Act 1999 ". 10 (2) Section 49(2) is repealed. 11. Section 51 amended Section 51(1) is amended by deleting "officers and employees of Departments of the Australian Public Service, and of " and inserting instead -- 15 " persons engaged under the Public Service Act 1999 of the Commonwealth, and engaged by ". 12. Section 56 amended 20 (1) Section 56 is amended by inserting before "The" the subsection designation "(1)". (2) At the end of section 56 the following subsection is inserted -- " (2) Subsection (1) does not prevent investment of surplus 25 money of the Service Corporation under section 18 of the Commonwealth Authorities and Companies Act 1997 of the Commonwealth, as it applies to the Service Corporation under section 59 of the Commonwealth Act. 30 ". page 6 National Environment Protection Council (Western Australia) Amendment Bill 2007 s. 13 13. Section 59 replaced Section 59 is repealed and the following section is inserted instead -- " 5 59. Annual reports (1) An annual report prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 of the Commonwealth must also contain any other information required by the Council to be included in 10 the report. (2) A copy of the annual report must be given to each member of the Council as soon as practicable. ". 14. Section 64 amended 15 After section 64(2) the following subsections are inserted -- " (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 20 subsection (1) to be undertaken. (4) The report of each further review is to be tabled in each House of the Parliament of Western Australia within 12 months after the end of the period to which it relates. 25 ".
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