NATIONAL ENVIRONMENT PROTECTION COUNCIL (NEW SOUTH WALES) ACT 1995 - As at 20 October 2021 - Act 4 of 1995

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Object of Act
• 4 Act to bind Crown
• 5 Application of Acts of interpretation
• 6 Definitions
• 7 Implementation of national environment protection measures

PART 2 - ESTABLISHMENT AND MEMBERSHIP OF THE NATIONAL ENVIRONMENT PROTECTION COUNCIL

• 8 The National Environment Protection Council
• 9 Membership of the Council
• 10 Chairperson of the Council
• 11 Deputies

PART 3 - FUNCTIONS AND POWERS OF THE COUNCIL

Division 1 - Functions and powers

• 12 Functions of the Council
• 13 Powers of the Council

Division 2 - Making of national environment protection measures

• 14 Council may make national environment protection measures
• 15 General considerations in making national environment protection measures
• 16 Council to give notice of intention to prepare a draft of proposed measure
• 17 Council to prepare draft of proposed measure and impact statement
• 18 Public consultation
• 19 Council to have regard to impact statements and submissions
• 20 Variation or revocation of measures
• 21 National environment protection measures to be Commonwealth disallowable instruments
• 22 Failure to comply with procedural requirements

Division 2A - Minor variation of national environment protection measures

• 22A Minor variation of measures
• 22B Public consultation for minor variation
• 22C Council to have regard to submissions etc

Division 3 - Assessment and reporting on implementation and effectiveness of measures

• 23 Report by Minister on implementation and effectiveness of measures
• 24 Annual report of Council

PART 4 - MEETINGS OF THE COUNCIL AND ESTABLISHMENT AND MEETINGS OF ITS COMMITTEES

Division 1 - Meetings of Council

• 25 Convening of meetings
• 26 Procedure at meetings
• 27 Quorum
• 28 Voting at meetings

Division 2 - Committees of Council

• 29 NEPC Committee
• 30 Chairperson of NEPC Committee
• 31 Procedures of NEPC Committee
• 32 Functions of NEPC Committee
• 33 Other committees
• 34 Withdrawal from Agreement

PART 5 - NEPC SERVICE CORPORATION, NEPC EXECUTIVE OFFICER AND STAFF

Division 1 - The NEPC Service Corporation

• 35 NEPC Service Corporation
• 36 Functions of the Service Corporation
• 37 Powers of the Service Corporation
• 38 Contracts and leases

Division 2 - The NEPC Executive Officer

• 39 NEPC Executive Officer
• 40 NEPC Executive Officer to control Service Corporation
• 41 NEPC Executive Officer to act in accordance with Council directions
• 42 Remuneration and allowances
• 43 Leave of absence
• 44 Resignation
• 45 Termination of office
• 46 Terms and conditions not provided for by Act
• 47 Acting NEPC Executive Officer
• 48 Powers and functions of acting NEPC Executive Officer

Division 3 - Staff of the Service Corporation and consultants

• 49 Public Service staff of Service Corporation
• 50 Non-Public Service staff of Service Corporation
• 51 Staff seconded to Service Corporation
• 52 Consultants

PART 6 - FINANCE

• 53 Payments to Service Corporation by State
• 54 Payments to Service Corporation by Commonwealth and other States and Territories
• 55 Money of Service Corporation
• 56 Application of money of Service Corporation
• 57 Estimates
• 58 State government sector finance and audit legislation not to apply
• 59 Special provisions relating to reports etc prepared under the Audit Act 1901 of the Commonwealth

PART 7 - MISCELLANEOUS

• 60 Powers and functions conferred under corresponding legislation
• 61 Delegation by Council
• 62 Acts done by Council
• 63 Regulations
• 64 Review of operation of Act
• SCHEDULE