Commonwealth Consolidated Acts

NATIONAL ENVIRONMENT PROTECTION MEASURES (IMPLEMENTATION) ACT 1998 - SECT 23

Circumstances in which Part applies

(1)

Subject to this section, Divisions 2 and 3 apply for the purposes of the implementation of a NEPM in relation to an activity carried on by the Commonwealth or a Commonwealth authority if the Environment Minister becomes satisfied that:

(a)

the NEPM is relevant to the carrying on of the activity; and

(b)

the activity is carried on in a place (the relevant place ) referred to in any of the following subparagraphs:

(i)

a Commonwealth place in which, in the Environment Minister's opinion, the NEPM is not being implemented, or satisfactorily implemented, under an applied State law of the State in which the Commonwealth place is situated;

(ii)

a State or Territory, or the coastal waters of a State or Territory, in which, in the Environment Minister's opinion, the NEPM is not being implemented, or satisfactorily implemented, under a law of the State or Territory;

(iii)

a Commonwealth place in a State, where a provision of a law of the State for the implementation of the NEPM that applies in the Commonwealth place under the Commonwealth Places (Application of Laws) Act 1970 is not, and is not to be, applied under Part 2 in relation to the carrying on of the activity;

(iv)

a State or Territory or the coastal waters of a State or Territory, where a provision of a law of the State or Territory for the implementation of the NEPM is not, and is not to be, applied under Part 3 in relation to the carrying on of the activity;

(v)

an external Territory to which this Act extends or its coastal waters;

(vi)

a part of the territorial sea of Australia that is not part of the coastal waters of a State or Territory;

(vii)

a part of the exclusive economic zone;

(viii)

a part of any area of the continental shelf of Australia that is beyond the limits of the exclusive economic zone; and

(c)

the NEPM is not, and is not to be, implemented in relation to the carrying on of the activity:

(i)

by regulations under Part 4; or

(ii)

by another law of the Commonwealth in a way that the Environment Minister is satisfied will achieve appropriate environmental outcomes.

Provisions of Part may be excluded by regulation

(2)

Division 2 or 3, or a provision of Division 2 or 3, does not apply for the purposes of the implementation of a NEPM in relation to an activity if the activity is excluded, under the regulations, from the application of the Division or provision, as the case may be, for the purposes of the implementation of the NEPM.

Period of exclusion

(3)

Regulations made for the purposes of subsection (2) may exclude an activity for the purposes of the implementation of a NEPM:

(a)

indefinitely or for a particular period; and

(b)

either wherever the activity is carried on or in a particular place where the activity is carried on.

Exclusion only if required by matter of national interest

(4)

Regulations may only be made for the purposes of subsection (2) if the Environment Minister is satisfied that it is desirable to make the regulations because of considerations relating to a matter of national interest.

Notice of application of provisions to be given to relevant Minister

(5)

If all or any of the provisions of Divisions 2 and 3 apply for the purposes of the implementation of a NEPM in relation to an activity carried on by the Commonwealth or a Commonwealth authority, the Environment Minister must notify the relevant Minister accordingly.

Provisions to apply when notice received by relevant Minister

(6)

If the relevant Minister is so notified, those provisions (other than any provisions that afterwards cease to apply because of regulations made for the purposes of subsection (2) after the notification) have effect for the purposes of the implementation of the NEPM in relation to the activity.