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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 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 6 amended 2
5. Section 13 amended 2
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
038--1 page i
Western Australia
LEGISLATIVE COUNCIL
National Environment Protection Council
(Western Australia) Amendment Bill 2009
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 2009
s. 1
1 1. Short title
2 This is the National Environment Protection Council (Western
3 Australia) Amendment Act 2009.
4 2. Commencement
5 This Act comes into operation on the day after the day on which
6 it receives the Royal Assent.
7 3. Act amended
8 This Act amends the National Environment Protection Council
9 (Western Australia) Act 1996.
10 4. Section 6 amended
11 In section 6(1) insert in alphabetical order:
12
13 Ministerial Council means a council, comprising one
14 or more Ministers of the Commonwealth and Ministers
15 of one or more of the States or Territories, that includes
16 environmental protection in its functions;
17 minor variation, in relation to a national environment
18 protection measure, means a decision made under
19 section 22A(1) to vary the national environment
20 protection measure;
21
22 5. Section 13 amended
23 In section 13:
24 (a) in paragraph (g) delete "Association." and insert:
25
26 Association; and
27
page 2
National Environment Protection Council (Western Australia) Amendment
Bill 2009
s. 6
1 (b) after paragraph (g) insert:
2
3 (h) direct the Service Corporation to provide
4 assistance and support to other Ministerial
5 Councils.
6
7 (c) after each of paragraphs (a) to (e) insert:
8
9 and
10
11 6. Section 20 amended
12 After section 20(4) insert:
13
14 (5) Subsections (2) to (4) do not apply to a minor variation
15 of a national environment protection measure under
16 Division 2A.
17
18 7. Part 3 Division 2A inserted
19 After Part 3 Division 2 insert:
20
21 Division 2A -- Minor variation of national environment
22 protection measures
23 22A. Minor variation of measures
24 (1) The Council may vary any national environment
25 protection measure if --
26 (a) the variation is supported by a unanimous
27 resolution of all of the members; and
28 (b) the resolution states that the variation does not
29 involve a significant change in the effect of the
30 national environment protection measure.
31 A variation under this section is a minor variation.
page 3
National Environment Protection Council (Western Australia) Amendment
Bill 2009
s. 7
1 (2) If the Council decides that a variation does not involve
2 a significant change in the effect of the national
3 environment protection measure, the Council must
4 prepare --
5 (a) a draft of the proposed variation; and
6 (b) a statement relating to the variation that
7 explains --
8 (i) the reasons for the proposed variation;
9 and
10 (ii) the nature and effect of the proposed
11 variation; and
12 (iii) the reasons why the Council is satisfied
13 that the variation is a minor variation.
14 22B. Public consultation for minor amendments
15 (1) Before making a minor variation to a national
16 environment protection measure, the Council must
17 publish a notice --
18 (a) stating how the draft of the proposed variation
19 and the explanatory statement may be obtained;
20 and
21 (b) inviting submissions to the Council on the
22 proposed variation, or on the explanatory
23 statement, within a specified period.
24 (2) A notice must --
25 (a) be published in the Gazette; and
26 (b) in each participating State or Territory
27 concerned, be published, on at least 1 day
28 during the month in which the Gazette notice is
29 published, in a newspaper circulating in that
30 State or Territory.
page 4
National Environment Protection Council (Western Australia) Amendment
Bill 2009
s. 8
1 (3) The period specified in each notice under
2 subsection (1) must end no less than 1 month after the
3 day on which subsection (2)(b) has been fully complied
4 within all participating jurisdictions.
5 22C. Council to have regard to submissions
6 In making a minor variation to a national environment
7 protection measure, the Council must have regard to --
8 (a) any submissions it receives that relate to the
9 proposed variation or the explanatory
10 statement; and
11 (b) whether the measure is consistent with
12 section 3 of the Agreement; and
13 (c) relevant international agreements to which
14 Australia is a party; and
15 (d) any regional environmental differences in
16 Australia.
17
18 8. Section 36 amended
19 In section 36:
20 (a) after paragraph (a) insert:
21
22 (aa) to provide assistance and support to other
23 Ministerial Councils as directed by the Council;
24 and
25
26 (b) in paragraph (b) delete "paragraph (a)." and insert:
27
28 paragraph (a) or (aa).
29
page 5
National Environment Protection Council (Western Australia) Amendment
Bill 2009
s. 9
1 9. Section 43 amended
2 In section 43(1) delete "Subject to section 87E of the Public
3 Services Act 1922 of the Commonwealth, the" and insert:
4
5 The
6
7 10. Section 49 amended
8 (1) In section 49(1) delete "appointed or employed under the Public
9 Service Act 1922" and insert:
10
11 engaged under the Public Service Act 1999
12
13 (2) Delete section 49(2).
14 11. Section 51 amended
15 In section 51(1) delete "officers and employees of Departments
16 of the Australian Public Service, and of " and insert:
17
18 persons engaged under the Public Service Act 1999 of
19 the Commonwealth, and engaged by
20
21 12. Section 56 amended
22 (1) In section 56 delete "The money" and insert:
23
24 (1) The money
25
26 (2) At the end of section 56 insert:
27
28 (2) Subsection (1) does not prevent investment of surplus
29 money of the Service Corporation under section 18 of
30 the Commonwealth Authorities and Companies
page 6
National Environment Protection Council (Western Australia) Amendment
Bill 2009
s. 13
1 Act 1997 of the Commonwealth, as it applies to the
2 Service Corporation under section 59 of the
3 Commonwealth Act.
4
5 13. Section 59 replaced
6 Delete section 59 and insert:
7
8 59. Annual reports
9 (1) An annual report prepared under section 9 of the
10 Commonwealth Authorities and Companies Act 1997
11 of the Commonwealth must also contain any other
12 information required by the Council to be included in
13 the report.
14 (2) A copy of the annual report must be given to each
15 member of the Council as soon as practicable.
16
17 14. Section 64 amended
18 After section 64(2) insert:
19
20 (3) As soon as possible after the end of every 5 year period
21 following the review under subsection (1), the Council
22 must cause a further review of the kind set out in
23 subsection (1) to be undertaken.
24 (4) The report of each further review is to be tabled in each
25 House of the Parliament of Western Australia within
26 12 months after the end of the period to which it
27 relates.
28
29
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