National Environment Protection Council (Victoria) (Amendment) Act 2003

Victorian Legislation and Parliamentary Documents i National Environment Protection Council (Victoria) (Amendment) Act 2003 Act No. 65/2003 TABLE OF PROVISIONS Section Page 1. Purposes 1 2. Commencement 2 3. Principal Act 2 4. Definitions 2 5. Powers of the Council 3 6. Variation or revocation of measures 3 7. New Division 2A inserted 3 Division 2A—Minor variation of national environment protection measures 3 22A. Minor variation measures 3 22B. Public consultation for minor variation 4 22C. Council to have regard to submissions 5 8. Functions of the Service Corporation 5 9. Leave of absence 5 10. Review of operation of Act 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Victorian Legislation and Parliamentary Documents 1 National Environment Protection Council (Victoria) (Amendment) Act 2003† [Assented to 30 September 2003] The Parliament of Victoria enacts as follows: 1. Purposes The main purposes of this Act are to amend the National Environment Protection Council (Victoria) Act 1995— (a) to provide a mechanism to allow minor variations to national environment protection measures without resort to the procedures contained in section 20 of the Act; and Victoria No. 65 of 2003 -- 2 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 65/2003 National Environment Protection Council (Victoria) (Amendment) Act 2003 2 (b) to introduce 5 yearly reviews of the Act; and (c) to ensure that the National Environment Protection Council Service Corporation is able to provide secretariat services to the joint meetings of the National Environment Protection Council and the Environment Protection and Heritage Council. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act In this Act, the National Environment Protection Council (Victoria) Act 1995 is called the Principal Act. 4. Definitions In section 6(1) of the Principal Act insert the following definitions— ' "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 a national environment protection measure;'. s. 2 See: Act No. 10/1995. LawToday: www.dms. dpc.vic. gov.au -- 3 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 65/2003 National Environment Protection Council (Victoria) (Amendment) Act 2003 3 5. Powers of the Council After section 13(g) of the Principal Act insert— "; and (h) direct the Service Corporation to provide assistance and support to other Ministerial Councils.". 6. Variation or revocation of measures After section 20(4) of the Principal Act insert— "(5) Sub-sections (2) to (4) do not apply to a minor variation of a national environment protection measure under Division 2A.". 7. New Division 2A inserted After Division 2 of Part 3 of the Principal Act insert— "Division 2A—Minor variation of national environment protection measures 22A. Minor variation 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. (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— s. 5 -- 4 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 65/2003 National Environment Protection Council (Victoria) (Amendment) Act 2003 4 (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. 22B. Public consultation for minor variation (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 Government Gazette; and (b) in each participating State or Territory concerned also be published, on at least 1 day during the month when the Government Gazette notice is published, in a newspaper circulating in that State or Territory. s. 7 -- 5 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 65/2003 National Environment Protection Council (Victoria) (Amendment) Act 2003 5 (3) The period specified in each notice under sub-section (1) must end no less than 1 month after the day on which sub-section (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 (d) any regional environmental differences in Australia.". 8. Functions of the Service Corporation In section 36 of the Principal Act— (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) after "(a)" insert "or (aa)". 9. Leave of absence In section 43(1) of the Principal Act, for "Subject to section 87E of the Public Service Act 1922 of the Commonwealth, the" substitute "The". s. 8 -- 6 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 65/2003 National Environment Protection Council (Victoria) (Amendment) Act 2003 6 10. Review of operation of Act After section 64(2) of the Principal Act insert— "(3) As soon as possible after the end of every 5 year period following the review under sub-section (1), the Council must cause a further review of the kind set out in sub- section (1) to be undertaken. (4) The report of each further review is to be tabled in each House of the Parliament within 1 year after the end of the period to which it relates.". ═══════════════ s. 10 -- 7 of 8 -- Victorian Legislation and Parliamentary Documents Act No. 65/2003 National Environment Protection Council (Victoria) (Amendment) Act 2003 7 ENDNOTES † Minister's second reading speech— Legislative Assembly: 5 June 2003 Legislative Council: 16 September 2003 The long title for the Bill for this Act was "to amend the National Environment Protection Council (Victoria) Act 1995 and for other purposes." Endnotes -- 8 of 8 --