Commonwealth Consolidated Acts

NATIONAL ENVIRONMENT PROTECTION MEASURES (IMPLEMENTATION) ACT 1998 - SECT 10

Act to bind Commonwealth

(1)

This Act binds the Crown in right of the Commonwealth.

State officer may report contraventions

(2)

If the responsible officer of a State:

(a)

considers that the Commonwealth, a Commonwealth authority, or an officer or employee of the Commonwealth or of such an authority, may have contravened an applied provision of an applied State law of the State, or an applied provision of a law of the State; and

(b)

has told the Secretary of the relevant Department or the chief executive officer of the authority, as the case requires, of the circumstances; and

(c)

has formed the opinion that the Department or authority has not taken appropriate action to deal with the matter and has told the Secretary of the Department or the chief executive officer of the authority that the officer has formed that opinion;

the officer may report the circumstances in writing to the Environment Secretary.

Territory officer may report contraventions

(3)

If the responsible officer of a Territory:

(a)

considers that the Commonwealth, a Commonwealth authority, or an officer or employee of the Commonwealth or of such an authority, may have contravened an applied provision of a law of the Territory; and

(b)

has told the Secretary of the relevant Department or the chief executive officer of the authority, as the case requires, of the circumstances; and

(c)

has formed the opinion that the Department or authority has not taken appropriate action to deal with the matter and has told the Secretary of the Department or the chief executive officer of the authority that the officer has formed that opinion;

the officer may report the circumstances in writing to the Environment Secretary.

Duties of Environment Secretary

(4)

If a report is made under subsection (2) or (3), the Environment Secretary must, within 60 days:

(a)

investigate the circumstances; and

(b)

if he or she thinks it appropriate to do so:

(i)

prepare draft recommendations for action to be taken by the relevant Department or authority; and

(ii)

give written notice to the Secretary of the Department or the chief executive officer of the authority setting out the draft recommendations and asking for comments within a reasonable period stated in the notice; and

(c)

give the Environment Minister a written report that:

(i)

is accompanied by the report by the officer of the State or Territory; and

(ii)

sets out any comments of the Secretary of the relevant Department or chief executive officer of the authority made within the period stated in the notice; and

(iii)

sets out any action that the Environment Secretary, after considering the comments (if any), recommends should be taken by the Department or authority.

Powers of Environment Minister

(5)

When such a report is given to the Environment Minister, that Minister must, within 60 days:

(a)

if he or she administers the relevant Department, or administers the enactment by or under which the authority is established or is otherwise administratively responsible for the actions of the authority—take any action that he or she thinks appropriate; or

(b)

otherwise—make any recommendations that he or she thinks appropriate to the Minister who administers the relevant Department, or who administers the enactment by or under which the authority is established or is otherwise administratively responsible for the actions of the authority.

Ministers to give comments, and report on action, to Environment Minister

(6)

If a recommendation is made to a Minister under paragraph (5)(b), that Minister is to give the Environment Minister within 60 days of receiving the recommendation:

(a)

his or her comments on the recommendation; and

(b)

a report as to the action that has been taken, in respect of the matters to which the recommendation relates, since the Secretary of the Department or the chief executive officer of the authority was told of the relevant circumstances.