Notice of Public Consultation on Variation to the National Environment Protection (Ambient Air Quality) Measure

Overview

The National Environment Protection Council Act 1994 was enacted to establish the National Environment Protection Council (NEPC), which comprises Commonwealth, State, and Territory Ministers, with the aim of creating National Environment Protection Measures (NEPMs) that ensure national consistency in environmental protection outcomes. One of the NEPMs, the National Environment Protection (Ambient Air Quality) Measure, was established to provide a national framework for monitoring and reporting on exposure to common ambient air pollutants. In response to the evolving scientific understanding of the health risks associated with air pollutants such as ozone, nitrogen dioxide, and sulfur dioxide, a variation to this measure is being proposed to update the air quality standards accordingly. Public consultation has been initiated to gather feedback on the Impact Statement, the draft varied NEPM, and the supporting technical documents, which are available for review on the NEPC website. Submissions are welcome and should be submitted by the closing date of Wednesday, 7 August 2019. The policy objective of this variation is to enhance the accuracy and relevance of air quality standards to better protect public health.

Scope and Application

The proposed variation to the National Environment Protection (Ambient Air Quality) Measure, administered by the National Environment Protection Council, pertains to air quality standards for ozone, nitrogen dioxide, and sulfur dioxide, reflecting the latest scientific understanding of health risks associated with these pollutants. This legislation applies to all Commonwealth, State, and Territory governments, as well as any entities and individuals subject to the NEPM, including industries and businesses that may emit these pollutants. The jurisdictional reach of this measure is national, ensuring consistent air quality standards across Australia. The NEPM is designed to provide a cohesive framework for monitoring, reporting, and regulating exposure to common ambient air pollutants, with the aim of protecting public health and the environment. The NEPC may extend or restrict the application of this measure through subordinate instruments as deemed necessary, subject to the provisions outlined in the National Environment Protection Council Act 1994 and corresponding state and territory legislation.

Key Provisions

The primary sections of the legislation in question include section 18 of the National Environment Protection Council Act 1994 (Cwlth), which mandates the release of a Notice of Public Consultation on variations to the National Environment Protection (Ambient Air Quality) Measure (section 18). This section ensures transparency and allows for public input on significant environmental measures. Section 19 of the same Act provides for the release of an Impact Statement, the draft varied NEPM, and supporting technical documents to facilitate a comprehensive understanding of the proposed changes by stakeholders. These documents are integral for ensuring that the public consultation process is informed and effective. The Act imposes several obligations on the NEPC and the public. The NEPC is required to release the Notice of Public Consultation and the relevant documents in a timely manner, allowing for a sufficient period of public review and submission of feedback (section 18). The public, including individuals, organisations, and other stakeholders, are obligated to review the documents and submit their comments and suggestions by the specified deadline (section 19). These obligations are designed to promote a collaborative and inclusive approach to environmental governance, ensuring that the measure reflects the latest scientific evidence and public interest. Non-compliance with the requirements set out in the legislation can lead to various consequences. While the specific offences and penalties are not detailed in the notice, breaches of environmental legislation generally carry substantial civil and criminal penalties. For example, failing to submit required documentation or providing misleading information could result in fines, legal action, or both. The severity of the penalties often depends on the nature and extent of the breach, with the maximum penalties for serious offences potentially reaching into the millions of dollars. It is important for all parties to adhere strictly to the legislative requirements to avoid these consequences.