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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
National Environment Protection Council (Victoria)
(Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. Powers of the Council 3
6. Variation or revocation of measures 3
7. New Division 2A inserted 3
Division 2A--Minor variation of national environment
protection measures 3
22A. Minor variation measures 3
22B. Public consultation for minor variation 4
22C. Council to have regard to submissions 5
8. Functions of the Service Corporation 5
9. Leave of absence 5
10. Review of operation of Act 6
ENDNOTES 7
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551068B.I1-6/6/2003 BILL LA CIRCULATION 6/6/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 3 June 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the National Environment Protection Council (Victoria)
Act 1995 and for other purposes.
National Environment Protection
Council (Victoria) (Amendment) Act
2003
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are to amend the
National Environment Protection Council
(Victoria) Act 1995--
(a) to provide a mechanism to allow minor
5
variations to national environment protection
measures without resort to the procedures
contained in section 20 of the Act; and
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National Environment Protection Council (Victoria)
(Amendment) Act 2003
s. 2
Act No.
(b) to introduce 5 yearly reviews of the Act; and
(c) to ensure that the National Environment
Victorian Legislation and Parliamentary Documents
Protection Council Service Corporation is
able to provide secretariat services to the
joint meetings of the National Environment
5
Protection Council and the Environment
Protection and Heritage Council.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
10
3. Principal Act
See: In this Act, the National Environment
Act No.
Protection Council (Victoria) Act 1995 is called
10/1995.
LawToday: the Principal Act.
www.dms.
dpc.vic.
gov.au
4. Definitions
15
In section 6(1) of the Principal Act insert the
following definitions--
' "Ministerial Council" means a council,
comprising one or more Ministers of the
Commonwealth and Ministers of one or
20
more of the States or Territories, that
includes environmental protection in its
functions;
"minor variation", in relation to a national
environment protection measure, means a
25
decision made under section 22A(1) to vary
a national environment protection measure;'.
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National Environment Protection Council (Victoria)
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s. 5
Act No.
5. Powers of the Council
After section 13(g) of the Principal Act insert--
Victorian Legislation and Parliamentary Documents
"; and
(h) direct the Service Corporation to provide
assistance and support to other Ministerial
5
Councils.".
6. Variation or revocation of measures
After section 20(4) of the Principal Act insert--
"(5) Sub-sections (2) to (4) do not apply to a
minor variation of a national environment
10
protection measure under Division 2A.".
7. New Division 2A inserted
After Division 2 of Part 3 of the Principal Act
insert--
"Division 2A--Minor variation of national
15
environment protection measures
22A. Minor variation measures
(1) The Council may vary any national
environment protection measure if--
(a) the variation is supported by a
20
unanimous resolution of all of the
members; and
(b) the resolution states that the variation
does not involve a significant change in
the effect of the national environment
25
protection measure.
(2) If the Council decides that a variation does
not involve a significant change in the effect
of the national environment protection
measure, the Council must prepare--
30
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National Environment Protection Council (Victoria)
(Amendment) Act 2003
s. 7
Act No.
(a) a draft of the proposed variation; and
(b) a statement relating to the variation that
Victorian Legislation and Parliamentary Documents
explains--
(i) the reasons for the proposed
variation; and
5
(ii) the nature and effect of the
proposed variation; and
(iii) the reasons why the Council is
satisfied that the variation is a
minor variation.
10
22B. Public consultation for minor variation
(1) Before making a minor variation to a
national environment protection measure, the
Council must publish a notice--
(a) stating how the draft of the proposed
15
variation and the explanatory statement
may be obtained; and
(b) inviting submissions to the Council on
the proposed variation, or on the
explanatory statement, within a
20
specified period.
(2) A notice must--
(a) be published in the Government
Gazette; and
(b) in each participating State or Territory
25
concerned also be published, on at least
1 day during the month when the
Government Gazette notice is
published, in a newspaper circulating in
that State or Territory.
30
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Act No.
(3) The period specified in each notice under
sub-section (1) must end no less than
1 month after the day on which sub-section
Victorian Legislation and Parliamentary Documents
(2)(b) has been fully complied with in all
participating jurisdictions.
5
22C. Council to have regard to submissions
In making a minor variation to a national
environment protection measure, the Council
must have regard to--
(a) any submissions it receives that relate
10
to the proposed variation or the
explanatory statement; and
(b) whether the measure is consistent with
section 3 of the Agreement; and
(c) relevant international agreements to
15
which Australia is a party; and
(d) any regional environmental differences
in Australia.".
8. Functions of the Service Corporation
In section 36 of the Principal Act--
20
(a) after paragraph (a) insert--
"(aa) to provide assistance and support to
other Ministerial Councils as directed
by the Council; and";
(b) in paragraph (b) after "(a)" insert "or (aa)".
25
9. Leave of absence
In section 43(1) of the Principal Act, for "Subject
to section 87E of the Public Service Act 1922 of
the Commonwealth, the" substitute "The".
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Act No.
10. Review of operation of Act
After section 64(2) of the Principal Act insert--
Victorian Legislation and Parliamentary Documents
"(3) As soon as possible after the end of every
5 year period following the review under
sub-section (1), the Council must cause a
5
further review of the kind set out in sub-
section (1) to be undertaken.
(4) The report of each further review is to be
tabled in each House of the Parliament
within 1 year after the end of the period to
10
which it relates.".
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National Environment Protection Council (Victoria)
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Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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