Australian Capital Territory Numbered Acts

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NATIONAL ENVIRONMENT PROTECTION COUNCIL - SECT 18

18. In making a national environment protection measure, the Council is to have regard, in addition to the matters referred to in section 14, to—

        (a)     the impact statement that relates to the measure;

        (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 32.

Variation or revocation of measures

19. (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, as the case may be;

        (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;

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

National environment protection measures to be Commonwealth disallowable instruments

20. (1) Section 21 of the Commonwealth Act applies to national environment protection measures made by the Council.

(2) Any such measure ceases to have effect if it is disallowed by either House of the Parliament of the Commonwealth or if it otherwise ceases to have effect for the purposes of the Commonwealth Act.

Failure to comply with procedural requirements



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