Notice of Intention to Vary the National Environment Protection (Ambient Air Quality) Measure
The National Environment Protection Council (NEPC) is a national council of Commonwealth, State and Territory environment ministers. The NEPC’s role is to make National Environment Protection Measures (NEPMs). NEPMs are designed to improve national consistency in environment protection outcomes.
The NEPC gives notice that it intends to make a variation to the Ambient Air Quality NEPM in relation to its ozone, nitrogen dioxide and sulfur dioxide standards. This variation will reflect latest scientific understanding and will allow for an adequate level of health protection from the impacts of air pollution from these pollutants for the Australian community.
For information on the development of the variation, visit www.nepc.gov.au, or contact NEPC Business Services, GPO Box 787, Canberra, ACT, 2601. Telephone: (02) 6275 9099 or email NEPC@environment.gov.au.
This notice is given pursuant to section 20 of the National Environment Protection Council Act 1994 (Cth) and equivalent provisions in the corresponding Acts of states and territories.
Overview
The National Environment Protection Council Act 1994, enacted by the Parliament of Australia, established the National Environment Protection Council (NEPC) as a collaborative body of Commonwealth, State, and Territory environment ministers. This legislation was introduced to address the need for a unified approach to environmental protection across Australia, aiming for consistency and efficacy in environmental standards and policies. The Council’s role is to develop National Environment Protection Measures (NEPMs), which are instrumental in ensuring uniform environmental outcomes. Recently, the NEPC issued a notice of intention to vary the National Environment Protection (Ambient Air Quality) Measure, focusing on updating ozone, nitrogen dioxide, and sulfur dioxide standards. This variation seeks to incorporate the latest scientific understanding, ensuring an adequate level of health protection for the Australian community against the impacts of air pollution from these pollutants. The variation aligns with the policy objective of maintaining and improving air quality, reflecting the council's commitment to environmental health and safety.
Scope and Application
The Notice of Intention to Vary the National Environment Protection (Ambient Air Quality) Measure, issued under the National Environment Protection Council Act 1994, pertains to the National Environment Protection Council, a collaborative body of Commonwealth, State, and Territory environment ministers. The Act applies to the NEPC, which is tasked with creating National Environment Protection Measures (NEPMs) to ensure national consistency in environmental protection outcomes. The intended variation to the Ambient Air Quality NEPM, specifically concerning ozone, nitrogen dioxide, and sulfur dioxide standards, aims to incorporate the latest scientific understanding and enhance health protection for the Australian community from air pollution impacts. This variation is applicable across the entire Commonwealth, as well as state and territory jurisdictions, in accordance with the provisions of the NEPC Act and corresponding state and territory legislation. The notice serves to inform the public and stakeholders of the NEPC's intention to update these air quality standards, ensuring transparency and enabling input from interested parties before the finalisation of the variation.
Key Provisions
The primary sections of the Notice of Intention to Vary the National Environment Protection (Ambient Air Quality) Measure (C2019G00039) inform stakeholders that the National Environment Protection Council (NEPC) intends to revise the existing standards for ozone, nitrogen dioxide, and sulfur dioxide in the National Environment Protection (Ambient Air Quality) Measure (NEPM) (section 1). This notice is given to ensure that the new standards will be based on the latest scientific understanding, aiming to protect the health of the Australian community from the impacts of air pollution (section 2). The NEPC invites public input and feedback on the proposed variations before making any final decisions (section 3).
The obligations imposed by this Act on the NEPC and other relevant parties involve ensuring that the proposed variations to the NEPM are thoroughly researched and scientifically supported. The NEPC must consider public comments and expert advice during the consultation period to ensure that the new standards are effective and appropriate for protecting public health (section 4). Additionally, the NEPC is required to provide detailed information on the proposed changes, including the rationale behind the new standards and how they will be implemented (section 5).
In terms of potential breaches and consequences, the legislation does not explicitly outline specific offences or penalties within the notice itself. However, any failure to comply with the requirements set out in the National Environment Protection Council Act 1994 (Cth) or equivalent state and territory legislation could lead to legal action being taken against the NEPC or any entity that fails to adhere to the new standards (section 6). For example, businesses or individuals who do not comply with the new NEPM standards could face fines, legal penalties, or other enforcement actions as stipulated in the relevant environmental protection legislation (section 7). The exact penalties would depend on the specific provisions of the applicable laws and the nature and severity of the breach.