Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 18D

Consideration of Order by Parliament

18D. Consideration of Order by Parliament





(1) The Authority must ensure that a copy of every Order made under section 16
or 16A is laid before both Houses of Parliament on or before the sixth sitting
day after the Order is published in the Government Gazette.

(2) Where section 18A applies, the Authority must ensure that a copy of-

   (a)  the final policy impact assessment;

   (b)  the summary of the submissions made under section 18A(2)(f) received
        by the Authority;

   (c)  the statement of the Authority's evaluation of the submissions and of
        any changes made to the draft declaration or variation of policy as a
        result of the Authority's consideration of the submissions;

   (d)  the review panel's advice (if any) under section 18C(4) and the
        Authority's response-

is given to the Scrutiny of Acts and Regulations Committee.

(3) If the Scrutiny of Acts and Regulations Committee considers that an Order
laid before Parliament under subsection (1)-

   (a)  does not appear to be within the powers conferred by this Act; or

   (b)  has been prepared in contravention of this Act; or

   (c)  contains any matter in contravention of this Act-

the Scrutiny of Acts and Regulations Committee may report to each House of
Parliament as provided in subsection (4).

(4) A report of the Scrutiny of Acts and Regulations Committee may contain
such recommendations as the Committee considers appropriate including a
recommendation that an Order should be-

   (a)  disallowed in whole or in part; or

   (b)  amended as suggested in the report.

(5) An Order laid before Parliament under subsection (1) other than an Order
made under section 16(1), 16(1C) or 16A(1) in accordance with section 17A may
be disallowed in whole or in part by either House of Parliament.

(6) Sections 23 and 24 of the Subordinate Legislation Act 1994 apply to an
Order laid before the Parliament under subsection (1) other than an Order made
under section 16(1), 16(1C) or 16A(1) in accordance with section 17A as if
references to a "statutory rule" under those sections were a reference to such
an Order.