Notice of Public Consultation on variation - National Environment Protection (ambient air quality) Measure

Overview

The National Environment Protection Council Act 1994 (Cwlth) was enacted to establish the National Environment Protection Council (NEPC), which comprises Commonwealth, State, and Territory Ministers. This Act was introduced to ensure a coordinated approach to environmental protection across Australia, aiming for national consistency in environmental outcomes. The NEPC is tasked with creating National Environment Protection Measures (NEPMs), which serve as a framework for various environmental issues, including air quality. Recently, a consultation has been launched to propose a variation to the National Environment Protection (Ambient Air Quality) Measure, specifically updating the air quality standards for particles. This update aims to incorporate the latest scientific understanding and provide adequate health protection against particle air pollution. Submissions on the Impact Statement and the draft NEPM can be made until Friday, 10 October 2014, with more information available on the NEPC website or by contacting the NEPC Executive Officer.

Scope and Application

The proposed variation to the National Environment Protection (Ambient Air Quality) Measure, administered by the National Environment Protection Council (NEPC), applies to all Commonwealth, State, and Territory jurisdictions within Australia. The NEPM aims to ensure a consistent approach to the monitoring and reporting of common ambient air pollutants across the nation. This specific variation seeks to update the air quality standards concerning particles, aligning them with the most recent scientific evidence to better protect the health of the Australian community from the effects of particle air pollution. The scope of the NEPM encompasses all entities and individuals within these jurisdictions, including government bodies, businesses, and the general public, ensuring a unified strategy in addressing air quality issues. While the NEPM is designed to cover a broad range of activities and pollutants, the current consultation focuses on particle air pollution. Submissions to the proposed changes can be made until the specified deadline of Friday, 10 October 2014, with further information and documents available on the NEPC website. This legislative consultation process is in accordance with the provisions outlined in the National Environment Protection Council Act 1994 (Cwlth) and the corresponding Acts of the States and Territories.

Key Provisions

The main provisions of the proposed variation to the National Environment Protection (Ambient Air Quality) Measure (NEPM) are outlined in the draft NEPM, which is available for public consultation. Section 18 of the National Environment Protection Council Act 1994 (Cwlth) mandates the public consultation process for any proposed variation to the NEPM. The NEPM seeks to update the air quality standards in relation to particles, ensuring they reflect the latest scientific understanding and provide an adequate level of health protection against the impacts of particle air pollution for the Australian community. The consultation period invites submissions on the draft NEPM and the accompanying Impact Statement, aiming to incorporate feedback from stakeholders and the public to refine the proposed changes. The Act imposes several obligations on the parties involved in the consultation process. Firstly, the NEPC must ensure the draft NEPM and the Impact Statement are made publicly available, as mandated by section 18. The NEPC is also required to facilitate the consultation process by providing a clear and accessible mechanism for stakeholders and the public to submit their feedback. Furthermore, the Act requires the NEPC to consider all submissions received by the closing date and to provide a summary of how these submissions have been considered in the final NEPM. This process ensures that the variation to the NEPM is informed by a broad range of perspectives and expertise. Failure to comply with the obligations set out in the Act may result in various consequences. While the Act does not explicitly detail specific offences or penalties for non-compliance with the consultation process, any breach of statutory duties or failure to adhere to the prescribed procedures could potentially lead to legal challenges or judicial review. Additionally, there may be reputational consequences for the NEPC if it is perceived to have inadequately considered public submissions or failed to act in accordance with the legislative requirements. The seriousness of the consequences would depend on the specifics of the non-compliance and the impact it has on the overall effectiveness of the NEPM. The proposed variation to the NEPM aims to enhance the protection of public health by updating the air quality standards to better reflect the latest scientific understanding of particle air pollution. The consultation process is a critical component of this legislative initiative, ensuring that the NEPM is robust, well-informed, and widely accepted. By engaging with stakeholders and the public, the NEPC can develop a NEPM that not only meets the health protection needs of the Australian community but also contributes to national consistency in environment protection outcomes.