Commonwealth Consolidated Acts

NATIONAL ENVIRONMENT PROTECTION COUNCIL ACT 1994 - NOTES

This compilation was prepared on 15 January 2004
taking into account amendments up to Act No. 82 of 2003
The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Preamble
The Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association have entered into an Agreement known as the Intergovernmental Agreement on the Environment setting out certain responsibilities of each party in relation to the environment.
That Agreement provides that the Commonwealth, the States, the Australian Capital Territory and the Northern Territory will make joint legislative provision for the establishment of a body to determine national environment protection measures.
That Agreement further provides that once the form of the joint legislative provision for the establishment of the body has been agreed to, the Commonwealth, the States, the Australian Capital Territory and the Northern Territory will submit to their Parliaments or Legislative Assemblies, and take such steps as are appropriate to secure the passage of, Bills containing that legislation.
The Parliament of Australia enacts:

Note 1

The National Environment Protection Council Act 1994 as shown in this compilation comprises Act No. 126, 1994 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

(a) The National Environment Protection Council Act 1994 was amended by Schedule 2 (items 949 and 950) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(b) The National Environment Protection Council Act 1994 was amended by Schedule 1 (items 623-626) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.

Table of Amendments

Application, saving or transitional provisions

National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003 (No. 82, 2003)

1 Transfer of assets and liabilities

On the commencement of sections 3 to 52 of the National Transport Commission Act 2003, the assets and liabilities of the National Road Transport Commission become the assets and liabilities of the National Transport Commission.

2 Annual report for the financial year in which this item commenced

To avoid doubt, the obligations imposed on the members of the Commission by:

(a)

section 9 of the Commonwealth Authorities and Companies Act 1997; and

(b)

section 38 of the National Transport Commission Act 2003;

to prepare an annual report on the Commission for the financial year in which this item commenced extend, in relation to the operations of the National Road Transport Commission, to so much of the financial year as occurred before this item commenced.

3 Road transport reform legislation unaffected

After the commencement of this item, references in:

(a)

the Road Transport Reform (Dangerous Goods) Act 1995; or

(b)

the Road Transport Reform (Heavy Vehicles Registration) Act 1997; or

(c)

the Road Transport Reform (Vehicles and Traffic) Act 1993;

to the National Road Transport Commission Act 1991 are taken to be references to that Act as in force immediately before the commencement of this item.

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