Commonwealth Consolidated Acts

NATIONAL ENVIRONMENT PROTECTION MEASURES (IMPLEMENTATION) ACT 1998 - SECT 12

Application of provision of applied State law

(1)

Subject to section 13, if:

(a)

there is in force a declaration by the Environment Minister stating that a particular provision of an applied State law that is applicable in a Commonwealth place is necessary for the implementation of a NEPM; and

(b)

there is in force a declaration by the Environment Minister stating that it is desirable for the provision to apply to the carrying on of the activity by the Commonwealth or by a particular Commonwealth authority in the Commonwealth place;

the provision applies, in accordance with its terms, in relation to the carrying on of an activity by the Commonwealth or by the authority in the Commonwealth place.

Environment Minister may make declarations

(2)

The Environment Minister may, by writing, make declarations for the purposes of paragraphs (1)(a) and (b). 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 paragraph (1)(a) or (1)(b), the Minister must cause a copy of the declaration to be tabled in each House of the Parliament.

Regulations may modify application of provisions

(4)

In order to ensure that a provision of an applied State law that applies under subsection (1) in relation to the carrying on of an activity by the Commonwealth or a Commonwealth authority can operate effectively in relation to the carrying on of that activity by the Commonwealth or the authority, the regulations may provide that the provision applies subject to modifications set out in the regulations. If the regulations so provide, the provision applies subject to those modifications.

Relevant State to be consulted

(5)

The Environment Minister is to ensure that the appropriate officers of the relevant State are consulted in the preparation of regulations to be made for the purposes of subsection (4).