National Environment Protection Council (Western Australia) Amendment Act 2009 (WA)

Western Australia

National Environment Protection Council (Western Australia) Amendment Act 2009

Western Australia

National Environment Protection Council (Western Australia) Amendment Act 2009

CONTENTS

1.	Short title	1
2.	Commencement	1
3.	Act amended	1
4.	Section 6 amended	1
5.	Section 13 amended	2
6.	Section 20 amended	2
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	4

8.	Section 36 amended	5
9.	Section 43 amended	5
10.	Section 49 amended	5
11.	Section 51 amended	6
12.	Section 56 amended	6
13.	Section 59 replaced	6

59. Annual reports 6

14. Section 64 amended 7

Western Australia

National Environment Protection Council (Western Australia) Amendment Act 2009

No. 47 of 2009

An Act to amend the National Environment Protection Council

(Western Australia) Act 1996.

[Assented to 3 December 2009]

The Parliament of Western Australia enacts as follows:

1.             Short title

This is the National Environment Protection Council (Western

Australia) Amendment Act 2009.

2.             Commencement

This Act comes into operation on the day after the day on which

it receives the Royal Assent.

3.             Act amended

This Act amends the National Environment Protection Council

(Western Australia) Act 1996.

4.             Section 6 amended

In section 6(1) insert in alphabetical order:

National Environment Protection Council (Western Australia) Amendment

Act 2009

s. 5

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 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;

5.             Section 13 amended

In section 13:

(a) in paragraph (g) delete “Association.” and insert:

Association; and

(b)	after paragraph (g) insert:
(h) direct the Service Corporation to provide assistance and support to other Ministerial Councils.
(c)	after each of paragraphs (a) to (e) insert:

and

6.             Section 20 amended

After section 20(4) insert:

(5)

Subsections (2) to (4) do not apply to a minor variation

of a national environment protection measure under

Division 2A.

National Environment Protection Council (Western Australia) Amendment

Act 2009

s. 7

7.             Part 3 Division 2A inserted

After Part 3 Division 2 insert:

Division 2A — Minor variation of national environment

protection measures

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
(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.

(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
(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 variation; and

(iii)      the reasons why the Council is satisfied that the variation is a minor variation.

National Environment Protection Council (Western Australia) Amendment

Act 2009

s. 7

22B. Public consultation for minor amendments

(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 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 specified period.

(2) A notice must —

(a)	be published in the Gazette; and
(b)	in each participating State or Territory concerned, be published, on at least 1 day during the month in which the Gazette notice is 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

day on which subsection (2)(b) has been fully complied

with in 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 —

(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
(c)	relevant international agreements to which Australia is a party; and

National Environment Protection Council (Western Australia) Amendment

Act 2009

s. 8

(d) any regional environmental differences in Australia.

8.             Section 36 amended

In section 36:

(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) delete “paragraph (a).” and insert:

paragraph (a) or (aa).

9.             Section 43 amended

In section 43(1) delete “Subject to section 87E of the Public

Service Act 1922 of the Commonwealth, the” and insert:

The

10.           Section 49 amended

(1)

In section 49(1) delete “appointed or employed under the Public

Service Act 1922” and insert:

engaged under the Public Service Act 1999

(2)

Delete section 49(2).

National Environment Protection Council (Western Australia) Amendment

Act 2009

s. 11

11.           Section 51 amended

In section 51(1) delete “officers and employees of Departments

of the Australian Public Service, and of ” and insert:

persons engaged under the Public Service Act 1999 of

the Commonwealth, and engaged by

12.           Section 56 amended

(1)	In section 56 delete “The money” and insert:
(1) The money
(2)	At the end of section 56 insert:
(2) Subsection (1) does not prevent investment of surplus 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.

13.           Section 59 replaced

Delete section 59 and insert:

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

the report.

(2)

A copy of the annual report must be given to each

member of the Council as soon as practicable.

National Environment Protection Council (Western Australia) Amendment

Act 2009

s. 14

14.           Section 64 amended

After section 64(2) insert:

(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

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.