Commonwealth Consolidated Acts

NATIONAL ENVIRONMENT PROTECTION MEASURES (IMPLEMENTATION) ACT 1998 - SECT 11

Exclusion of Part in certain circumstances

(1)

This Part does not apply in relation to an applied State law providing for the implementation of a NEPM that is relevant to the carrying on of a particular activity by the Commonwealth or a Commonwealth authority if there is in force a declaration by the Environment Minister stating:

(a)

that an alternative Commonwealth regime for the implementation of the NEPM in relation to that activity will achieve the environmental outcomes specified in the NEPM; and

(b)

that the application of that alternative Commonwealth regime is more appropriate than taking any action under this Part:

(i)

because the activity involves a specified matter of national interest; or

(ii)

for reasons of administrative efficiency, having regard to the objects of this Act, the National Environment Protection Council Act 1994 and the principles of ecologically sustainable development.

Environment Minister may make declarations

(2)

The Environment Minister may, by writing, make declarations for the purposes of subsection (1). A copy of a declaration is to be published in the Gazette .

Declarations to be tabled

(3)

Within 15 sitting days after making a declaration for the purposes of subsection (1), the Minister must cause a copy of the declaration to be tabled in each House of the Parliament.