Australian Capital Territory Numbered Acts

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NATIONAL ENVIRONMENT PROTECTION COUNCIL - SECT 3

3. The object of this Act is to ensure that, by means of the establishment and operation of the National Environment Protection Council—

        (a)     people enjoy the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; and

        (b)     decisions of the business community are not distorted, and markets are not fragmented, by variations between participating jurisdictions in relation to the adoption or implementation of major environmental protection measures.

Application of Interpretation Act 1967

4. (1) If an expression used in this Act or the regulations under this Act would, because of the Interpretation Act 1967 , have a different meaning from the meaning of the same expression used in the corresponding provision of the Commonwealth Act, the expression has the meaning it has in the Commonwealth Act.

(2) Accordingly, the Interpretation Act 1967 does not apply to the interpretation of that expression.

Definitions

5. (1) In this Act, unless the contrary intention appears—

“Agreement” means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in the Schedule;
“Australian Local Government Association” means the Australian Local Government Association Limited;
“Commonwealth Act” means the National Environment Protection Council Act 1994 of the Commonwealth;
“Council” means the National Environment Protection Council established by section 7;
“member” means a member of the Council;
“national environment protection goal” means a goal—

        (a)     that relates to desired environmental outcomes; and

        (b)     that guides the formulation of strategies for the management of human activities that may affect the environment;

“national environment protection guideline” means a guideline that gives guidance on possible means for achieving desired environmental outcomes;
“national environment protection measure” means a measure made under subsection 13 (1);
“national environment protection protocol” means a protocol that relates to the process to be followed in measuring environmental characteristics to determine—

        (a)     whether a particular standard or goal is being met or achieved; or

        (b)     the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal;

“national environment protection standard” means a standard that consists of quantifiable characteristics of the environment against which environmental quality can be assessed;
“NEPC Committee” means the committee established by section 28;
“NEPC Executive Officer” means the person who, from time to time, holds the office of NEPC Executive Officer established by section 38 and includes a person acting in that office;
“NEPC Service Corporation” means the Corporation referred to in section 34;
“participating jurisdiction” means the Commonwealth, a participating State or a participating Territory;
“participating State” means a State—

        (a)     that is a party to the Agreement; and

        (b)     in which an Act that corresponds to this Act is in force in accordance with the Agreement;

“participating Territory” means a Territory—

        (a)     that is a party to the Agreement; and

        (b)     in which an Act that corresponds to this Act is in force in accordance with the Agreement;

“Service Corporation” means the NEPC Service Corporation;
“Territory” means the Australian Capital Territory and the Northern Territory.

(2) A reference in this Act to the implementation of national environment protection measures includes a reference to the enforcement of the laws and other arrangements made for the purpose of implementing those measures.

Implementation of national environment protection measures



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