Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 17A

Order may incorporate NEPM

17A. Order may incorporate NEPM





(1) In and by any Order made under section 16(1), 16(1C) or 16A(1) the
Governor in Council may, subject to subsection (2), incorporate a national
environment protection measure or vary a State environment protection policy
or waste management policy so as to make the policy consistent with a national
environment protection measure.

(2) If in and by any Order made under section 16(1), 16(1C) or 16A(1) as
provided by subsection (1), it is proposed to incorporate a measure which is
more stringent than a national environment protection measure so as to-

   (a)  reflect specific circumstances; or

   (b)  protect any special area or segment or element of the environment; or

   (c)  protect any special environmental value-

the Authority must consult with the National Environment Protection Council
before recommending that the Order be made.

(3) Nothing in the National Environment Protection Council (Victoria) Act 1995
prevents the maintaining of an existing more stringent State environment
protection policy or waste management policy in existence at the commencement
of section 7 of that Act.