Commonwealth Consolidated Acts

NATIONAL ENVIRONMENT PROTECTION MEASURES (IMPLEMENTATION) ACT 1998 - SECT 18

Qualification on application of State or Territory laws

(1)

Section 17 does not have effect so as to:

(a)

alter the purpose for which land may be used if the land had been used for that purpose at any time before the commencement of this Act; or

(b)

require a licence, permit or other authorisation (however described) for the construction, alteration or demolition of a building or structure, or for the installation, alteration or removal of any plant or equipment, except where the requirement is made for the purpose of implementing a NEPM; or

(c)

apply a provision whose primary purpose is to regulate the making of decisions about the use of land except to the extent that the provision requires a licence, permit or other authorisation (however described) for the construction, alteration or demolition of a building or structure, or for the installation, alteration or removal of any plant or equipment, for the purpose of implementing a NEPM; or

(d)

require the preparation, before the carrying on or continuation of an activity, of an environmental impact statement; or

(e)

confer any judicial power; or

(f)

provide for the judicial or administrative review, under a law of a State or Territory, of a decision; or

(g)

impose a tax; or

(h)

require the payment of a fee or charge.

Discretion to pay fees or charges

(2)

Paragraph (1)(h) does not affect the operation of section 38.

Regulations may exclude the application of a provision of a State or Territory law

(3)

The regulations may declare that section 17 is not to apply to a particular provision of a law of a State or Territory, either indefinitely or for a particular period. If the regulations so declare, that section does not apply to the provision, or to the provision for that period, as the case may be.

Regulations may exclude State or Territory law from applying in relation to an activity in, or in a part of, the State or Territory

(4)

The regulations may declare that section 17 is not to apply to any provision, or to a particular provision, of a law of a State or Territory in relation to the carrying on of a particular activity or particular activities by the Commonwealth, or by a particular Commonwealth authority, either indefinitely or for a particular period and either in, or in a particular part of, the State or Territory. If the regulations so declare, that section does not apply to the declared extent.

Matters to be taken into account in making regulations

(5)

Regulations may only be made for the purposes of subsection (3) or

(4)

if the Environment Minister is satisfied that it is desirable to make the regulations because of considerations relating to a matter of national interest.