National Environment Protection Council (Victoria) (Amendment) Act 2003 (Vic)

National Environment Protection Council (Victoria)

(Amendment) Act 2003

ts	Act No. 65/2003
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u	TABLE OF PROVISIONS
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o Section Page

1. Purposes 1

D	2.	Commencement	2
ry	3.	Principal Act	2
4.	Definitions	2
ta	5.	Powers of the Council	3
n	6.	Variation or revocation of measures	3
e	7.	New Division 2A inserted	3
m	Division 2A—Minor variation of national environment
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protection measures	3

22A. Minor variation measures 3

a	22B.	Public consultation for minor variation	4
22C.	Council to have regard to submissions	5
P	8.	Functions of the Service Corporation	5
d	9.	Leave of absence	5
n	10.	Review of operation of Act	6

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n	ENDNOTES	7
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c
o	Victoria
D
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n	No. 65 of 2003
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rl	National Environment Protection
a	Council (Victoria) (Amendment) Act
P	†

2003

d

n	[Assented to 30 September 2003]
a
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la	The Parliament of Victoria enacts as follows:
is
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e	1. Purposes
L	The main purposes of this Act are to amend the
n	National Environment Protection Council
a
ri	(Victoria) Act 1995—

to	(a)	to provide a mechanism to allow minor
ic	variations to national environment protection
measures without resort to the procedures

V contained in section 20 of the Act; and
National Environment Protection Council (Victoria)

(Amendment) Act 2003

s. 2

Act No. 65/2003

(b) to introduce 5 yearly reviews of the Act; and

(c) to ensure that the National Environment

ts	Protection Council Service Corporation is
n	able to provide secretariat services to the
e	joint meetings of the National Environment
m	Protection Council and the Environment
u	Protection and Heritage Council.
c	2. Commencement
o
D	This Act comes into operation on the day after the
ry	day on which it receives the Royal Assent.
ta	See:

3. Principal Act

In this Act, the National Environment

n Act No.

e	10/1995.	Protection Council (Victoria) Act 1995 is called
LawToday:	the Principal Act.
m
ia	dpc.vic.
rl	gov.au
a

P	4. Definitions
d	In section 6(1) of the Principal Act insert the
n	following definitions—
a
n	' "Ministerial Council" means a council,
o	comprising one or more Ministers of the
ti	Commonwealth and Ministers of one or
la	more of the States or Territories, that
is	includes environmental protection in its
g	functions;
e	"minor variation", in relation to a national
L	environment protection measure, means a
n	decision made under section 22A(1) to vary
a
ri	a national environment protection measure;'.
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National Environment Protection Council (Victoria)

(Amendment) Act 2003

s. 5

Act No. 65/2003

5. Powers of the Council

After section 13(g) of the Principal Act insert—

ts	"; and
n
e	(h) direct the Service Corporation to provide assistance and support to other Ministerial
m
u	Councils.".
c	6. Variation or revocation of measures
o
D	After section 20(4) of the Principal Act insert—
ry	"(5) Sub-sections (2) to (4) do not apply to a

minor variation of a national environment

ta	protection measure under Division 2A.".
n
e	7. New Division 2A inserted
m	After Division 2 of Part 3 of the Principal Act
ia	insert—
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a	"Division 2A—Minor variation of national
P	environment protection measures
d	22A. Minor variation measures
n
a	(1) The Council may vary any national
n	environment protection measure if—
o

ti	(a)	the variation is supported by a
la	unanimous resolution of all of the
is	members; and

g	(b) the resolution states that the variation
e	does not involve a significant change in
L	the effect of the national environment
n	protection measure.
a
ri	(2) If the Council decides that a variation does

not involve a significant change in the effect

to	of the national environment protection
ic	measure, the Council must prepare—
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National Environment Protection Council (Victoria)

(Amendment) Act 2003

s. 7

Act No. 65/2003

(a) a draft of the proposed variation; and

(b) a statement relating to the variation that

ts	explains—
n	(i) the reasons for the proposed
e	variation; and
m	(ii) the nature and effect of the
u
c	proposed variation; and
o	(iii) the reasons why the Council is
D	satisfied that the variation is a
ry	minor variation.
ta	22B. Public consultation for minor variation
n	(1) Before making a minor variation to a
e	national environment protection measure, the
m	Council must publish a notice—
ia

rl	(a)	stating how the draft of the proposed
a	variation and the explanatory statement
P	may be obtained; and

d	(b) inviting submissions to the Council on
n	the proposed variation, or on the
a	explanatory statement, within a
n	specified period.
o
ti	(2) A notice must—

la	(a)	be published in the Government
is	Gazette; and

g	(b) in each participating State or Territory
e	concerned also be published, on at least
L	1 day during the month when the
n	Government Gazette notice is
a
ri	published, in a newspaper circulating in
that State or Territory.
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National Environment Protection Council (Victoria)

(Amendment) Act 2003

s. 8

Act No. 65/2003

(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

ts	(2)(b) has been fully complied with in all
n	participating jurisdictions.
e

22C. Council to have regard to submissions

m

u	In making a minor variation to a national
c	environment protection measure, the Council
o	must have regard to—
D

(a) any submissions it receives that relate

ry	to the proposed variation or the
ta	explanatory statement; and
n	(b) whether the measure is consistent with
e	section 3 of the Agreement; and
m
ia	(c) relevant international agreements to
rl	which Australia is a party; and
a	(d) any regional environmental differences
P	in Australia.".
d	8. Functions of the Service Corporation
n
a	In section 36 of the Principal Act—
n	(a) after paragraph (a) insert—
o
ti	"(aa) to provide assistance and support to
la	other Ministerial Councils as directed
is	by the Council; and";
g	(b) in paragraph (b) after "(a)" insert "or (aa)".
e
L	9. Leave of absence
n	In section 43(1) of the Principal Act, for "Subject
a	to section 87E of the Public Service Act 1922 of
ri	the Commonwealth, the" substitute "The".
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National Environment Protection Council (Victoria)

(Amendment) Act 2003

s. 10

Act No. 65/2003

10. Review of operation of Act

After section 64(2) of the Principal Act insert—

ts	"(3) As soon as possible after the end of every
n	5 year period following the review under
e	sub-section (1), the Council must cause a
m	further review of the kind set out in sub-
u	section (1) to be undertaken.
c
o	(4) The report of each further review is to be
D	tabled in each House of the Parliament within 1 year after the end of the period to
ry	which it relates.".
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National Environment Protection Council (Victoria)

(Amendment) Act 2003

Endnotes

Act No. 65/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 5 June 2003
e
Legislative Council: 16 September 2003
m
u	The long title for the Bill for this Act was "to amend the National
c	Environment Protection Council (Victoria) Act 1995 and for other
o	purposes."
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