National Environment Protection Measures (Implementation) Act 1998
No. 129, 1998
Compilation No. 9
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the National Environment Protection Measures (Implementation) Act 1998 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of Act
4 Simplified outline of Act
5 Definitions
6 Extension to certain external Territories
6A Application of the Criminal Code
7 Activities carried on by contractors
8 Laws made by local governing authorities
9 Operation of State and Territory laws implementing NEPMs
10 Operation of Act in relation to Commonwealth or a Commonwealth authority
Part 2—Implementation of NEPMs by extending the application of certain provisions of applied State laws to Commonwealth activities in Commonwealth places
11 Part does not apply to certain NEPMs affecting national interest etc.
12 Applied State laws implementing NEPMs to apply to Commonwealth and its authorities
13 Certain provisions of applied State laws not to apply to Commonwealth and its authorities
14 Functions and powers of authorities or officers under applied provisions of applied State laws
15 Applied provisions of applied State laws to be interpreted by reference to the relevant State interpretation statute
Part 3—Implementation of NEPMs by extending the application of certain provisions of State or Territory laws to Commonwealth activities
16 Part does not apply to certain NEPMs affecting national interest etc.
17 State or Territory laws implementing NEPMs to apply to Commonwealth and its authorities
18 Certain provisions of State…
Overview
The National Environment Protection Measures (Implementation) Act 1998 was enacted to address the implementation of national environment protection measures (NEPMs) in relation to activities carried out by or on behalf of the Commonwealth and Commonwealth authorities. The Act was introduced to ensure that NEPMs, established under the National Environment Protection Council Act 1994, are effectively implemented across various jurisdictions, particularly where State laws do not apply directly to Commonwealth activities. The policy objective is to harmonise environmental protection measures across different jurisdictions while maintaining ecologically sustainable development and providing meaningful information about pollution to the community. The Act was enacted by the Commonwealth Parliament and provides mechanisms for the application of State and Territory laws to Commonwealth activities, the making of regulations, and the use of environmental audits and management plans to ensure compliance with NEPMs.
Scope and Application
The National Environment Protection Measures (Implementation) Act 1998 (the Act) applies to the implementation of national environment protection measures (NEPMs) in relation to certain activities carried out by or on behalf of the Commonwealth or Commonwealth authorities. The Act binds the Commonwealth and applies to all Commonwealth places, external territories (except Norfolk Island), and areas within Australian jurisdiction such as coastal waters, territorial seas, and the continental shelf. The Act excludes certain activities that involve matters of national interest or administrative efficiency, as determined by the Environment Minister through declarations. It allows for the application of State and Territory laws to Commonwealth activities under specific circumstances, with certain exclusions such as land use, licensing requirements, and judicial review provisions. The Act also provides for the implementation of NEPMs through regulations, environmental audits, and environment management plans. The Act extends the application of State and Territory laws to Commonwealth activities, subject to certain exclusions and modifications, and provides for the investigation of offences under State and Territory laws. The Act includes provisions for administrative and judicial review, and mandates the preparation of annual reports on the implementation of NEPMs by Commonwealth entities.
Key Provisions
- The National Environment Protection Measures (Implementation) Act 1998 (the "Act") is designed to facilitate the implementation of national environment protection measures (NEPMs) for activities carried out by or on behalf of the Commonwealth and Commonwealth authorities. The Act primarily seeks to ensure that Commonwealth and Commonwealth authorities comply with NEPMs, which are established to protect, restore, and enhance the environment in Australia while maintaining ecologically sustainable development. The Act's main sections outline how NEPMs are to be implemented, the obligations placed on various parties, and the consequences for non-compliance.
- The Act provides several mechanisms for implementing NEPMs. For example, Part 2 allows the Environment Minister to apply certain State laws implementing NEPMs to Commonwealth activities in Commonwealth places, while Part 3 extends the application of State or Territory laws implementing NEPMs to Commonwealth activities in other places. If NEPMs are not implemented through these means, Part 4 allows for their implementation by regulations, and if no regulations are in place, Part 5 mandates implementation through environmental audits and environment management plans. The Act also stipulates that certain provisions of applied State or Territory laws may not apply to Commonwealth activities, such as those requiring the preparation of environmental impact statements or providing for judicial review.
- Obligations under the Act include the requirement for the relevant Minister to arrange for an environmental audit to be carried out for the implementation of a NEPM in relation to Commonwealth activities. The audit must assess the environmental risks of the activities and the capacity of the Commonwealth to comply with the NEPM. Following the audit, an environment management plan must be prepared, which includes objectives, implementation strategies, monitoring provisions, and community participation mechanisms. The environment manager is responsible for preparing and ensuring compliance with this plan.
- The Act imposes significant penalties for non-compliance. For instance, contraventions of regulations implementing NEPMs can result in fines of up to 2,000 penalty units for individuals and 10,000 penalty units for corporations if the contravention causes or is likely to cause harm to the environment. Additionally, certain actions, such as the concealment of information during an environmental audit, are criminal offences punishable by imprisonment. The Act also prohibits the disclosure of information obtained from entering or searching premises occupied by the Commonwealth or a Commonwealth authority unless done in the performance of specific duties.
- Overall, the National Environment Protection Measures (Implementation) Act 1998 establishes a comprehensive framework to ensure that NEPMs are effectively implemented for activities carried out by the Commonwealth and its authorities, with clear obligations, enforcement mechanisms, and penalties for non-compliance.
- Area of Law
- Environmental Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Civil Penalty Provisions
- Regulatory Standards
