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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
National Environment Protection Council
(Western Australia) Amendment Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 6 amended 2
5. Section 13 amended 3
6. Section 20 amended 3
7. Part 3 Division 2A inserted 3
Division 2A -- Minor variation of national
environment protection measures
22A. Minor variation of measures 3
22B. Public consultation for minor amendments 4
22C. Council to have regard to submissions 5
8. Section 36 amended 5
9. Section 43 amended 6
10. Section 49 amended 6
11. Section 51 amended 6
12. Section 56 amended 6
13. Section 59 replaced 7
59. Annual reports 7
14. Section 64 amended 7
188--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
National Environment Protection Council
(Western Australia) Amendment Bill 2007
A Bill for
An Act to amend the National Environment Protection Council
(Western Australia) Act 1996.
The Parliament of Western Australia enacts as follows:
page 1
National Environment Protection Council (Western Australia)
Amendment Bill 2007
s. 1
1. Short title
This is the National Environment Protection Council (Western
Australia) Amendment Act 2007.
2. Commencement
5 This Act comes into operation on the day after the day on which
it receives the Royal Assent.
3. The Act amended
The amendments in this Act are to the National Environment
Protection Council (Western Australia) Act 1996*.
10 [* Reprint 1 as at 12 March 2004
For subsequent amendments see Act No. 77 of 2006.]
4. Section 6 amended
Section 6(1) is amended by inserting in the appropriate
alphabetical positions --
15 "
"Ministerial Council" means a council, comprising
one or more Ministers of the Commonwealth and
Ministers of one or more of the States or
Territories, that includes environmental protection
20 in its functions;
"minor variation", in relation to a national
environment protection measure, means a decision
made under section 22A(1) to vary the national
environment protection measure;
25 ".
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National Environment Protection Council (Western Australia)
Amendment Bill 2007
s. 5
5. Section 13 amended
Section 13 is amended as follows:
(a) after paragraph (g) by deleting the full stop and inserting
instead --
5 "
; and
(h) direct the Service Corporation to provide
assistance and support to other Ministerial
Councils.
10 ";
(b) after each of paragraphs (a) to (e) by inserting --
" and ".
6. Section 20 amended
After section 20(4) the following subsection is inserted --
15 "
(5) Subsections (2) to (4) do not apply to a minor variation
of a national environment protection measure under
Division 2A.
".
20 7. Part 3 Division 2A inserted
After Part 3 Division 2 the following Division is inserted --
"
Division 2A -- Minor variation of national environment
protection measures
25 22A. Minor variation of measures
(1) The Council may vary any national environment
protection measure if --
(a) the variation is supported by a unanimous
resolution of all of the members; and
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National Environment Protection Council (Western Australia)
Amendment Bill 2007
s. 7
(b) the resolution states that the variation does not
involve a significant change in the effect of the
national environment protection measure.
A variation under this section is a "minor variation".
5 (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 --
(a) a draft of the proposed variation; and
10 (b) a statement relating to the variation that
explains --
(i) the reasons for the proposed variation;
and
(ii) the nature and effect of the proposed
15 variation; and
(iii) the reasons why the Council is satisfied
that the variation is a minor variation.
22B. Public consultation for minor amendments
(1) Before making a minor variation to a national
20 environment protection measure, the Council must
publish a notice --
(a) stating how the draft of the proposed variation
and the explanatory statement may be obtained;
and
25 (b) inviting submissions to the Council on the
proposed variation, or on the explanatory
statement, within a specified period.
(2) A notice must --
(a) be published in the Gazette; and
30 (b) in each participating State or Territory
concerned, be published, on at least 1 day
during the month in which the Gazette notice is
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National Environment Protection Council (Western Australia)
Amendment Bill 2007
s. 8
published, in a newspaper circulating in that
State or Territory.
(3) The period specified in each notice under
subsection (1) must end no less than 1 month after the
5 day on which subsection (2)(b) has been fully complied
within all participating jurisdictions.
22C. Council to have regard to submissions
In making a minor variation to a national environment
protection measure, the Council must have regard to --
10 (a) any submissions it receives that relate to the
proposed variation or the explanatory
statement; and
(b) whether the measure is consistent with
section 3 of the Agreement; and
15 (c) relevant international agreements to which
Australia is a party; and
(d) any regional environmental differences in
Australia.
".
20 8. Section 36 amended
Section 36 is amended as follows:
(a) by inserting after paragraph (a) --
"
(aa) to provide assistance and support to other
25 Ministerial Councils as directed by the Council;
and
";
(b) in paragraph (b) by inserting after "(a)" --
" or (aa) ".
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National Environment Protection Council (Western Australia)
Amendment Bill 2007
s. 9
9. Section 43 amended
Section 43(1) is amended by deleting "Subject to section 87E of
the Public Services Act 1922 of the Commonwealth, the" and
inserting instead --
5 " The ".
10. Section 49 amended
(1) Section 49(1) is amended by deleting "appointed or employed
under the Public Service Act 1922" and inserting instead --
" engaged under the Public Service Act 1999 ".
10 (2) Section 49(2) is repealed.
11. Section 51 amended
Section 51(1) is amended by deleting "officers and employees
of Departments of the Australian Public Service, and of " and
inserting instead --
15 "
persons engaged under the Public Service Act 1999 of
the Commonwealth, and engaged by
".
12. Section 56 amended
20 (1) Section 56 is amended by inserting before "The" the subsection
designation "(1)".
(2) At the end of section 56 the following subsection is inserted --
"
(2) Subsection (1) does not prevent investment of surplus
25 money of the Service Corporation under section 18 of
the Commonwealth Authorities and Companies
Act 1997 of the Commonwealth, as it applies to the
Service Corporation under section 59 of the
Commonwealth Act.
30 ".
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National Environment Protection Council (Western Australia)
Amendment Bill 2007
s. 13
13. Section 59 replaced
Section 59 is repealed and the following section is inserted
instead --
"
5 59. Annual reports
(1) An annual report prepared under section 9 of the
Commonwealth Authorities and Companies Act 1997
of the Commonwealth must also contain any other
information required by the Council to be included in
10 the report.
(2) A copy of the annual report must be given to each
member of the Council as soon as practicable.
".
14. Section 64 amended
15 After section 64(2) the following subsections are inserted --
"
(3) As soon as possible after the end of every 5 year period
following the review under subsection (1), the Council
must cause a further review of the kind set out in
20 subsection (1) to be undertaken.
(4) The report of each further review is to be tabled in each
House of the Parliament of Western Australia within
12 months after the end of the period to which it
relates.
25 ".
page 7
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