Commonwealth Consolidated Acts

NATIONAL ENVIRONMENT PROTECTION MEASURES (IMPLEMENTATION) ACT 1998 - SECT 16

Exclusion of Part in certain circumstances

(1)

This Part does not apply in relation to a State law or a Territory 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 appropriate environmental outcomes; 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.

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.