Commonwealth Consolidated Acts

NATIONAL ENVIRONMENT PROTECTION MEASURES (IMPLEMENTATION) ACT 1998 - SECT 17

Application of provision of State or Territory law

(1)

Subject to section 18, if:

(a)

there is in force a declaration by the Environment Minister stating that a particular provision of a law of a State or Territory 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 an activity by the Commonwealth or by a particular Commonwealth authority;

the following paragraphs apply:

(c)

the provision applies, in accordance with its terms, in relation to the carrying on of the activity by the Commonwealth or the authority in the State or Territory or in the coastal waters of the State or Territory;

(d)

if the provision is in force in an external Territory to which this Act extends—the provision applies, in accordance with its terms, in relation to the carrying on of the activity by the Commonwealth or the authority in the external Territory and the coastal waters of the external Territory.

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 .

Regulations may modify application of provisions

(3)

In order to ensure that a provision of a law of a State or Territory 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 or Territory to be consulted

(4)

The Environment Minister is to ensure that the appropriate officers of the relevant State or Territory are consulted in the preparation of regulations to be made for the purposes of subsection (3).