Australian Capital Territory Consolidated Acts

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NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 - SECT 19

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 shall publish a notice specifying the measure that the council intends varying or revoking.

    (3)     The notice shall—

        (a)     be published in the Commonwealth of Australia 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 Commonwealth of Australia Gazette notice is published, in a newspaper circulating in that State or Territory.

    (4)     Sections 14, 16, 17 and 18 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;

        (b)     a reference to a national environment protection measure were a reference to the variation or revocation of such a measure;

        (c)     a reference to a proposed national environment protection measure were a reference to a proposed variation or proposed revocation of such a measure; and

        (d)     the reference in section 16 to the day on which section 15 (2) (b) has been fully complied with in all participating jurisdictions were a reference to the day on which subsection (3) (b) has been fully complied with in all participating jurisdictions.

    (5)     A variation or revocation of a national environment protection measure is a notifiable instrument.

    (6)     Subsections (2) to (4) do not apply to a minor variation of a national environment protection measure under division 3.2A.

Note     A notifiable instrument must be notified under the Legislation Act.



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