National Environment Protection Council (Western Australia) Act 1996 (WA)

Western Australia National Environment Protection Council (Western Australia) Act 1996 Western Australia National Environment Protection Council (Western Australia) Act 1996 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 2 3. Object of this Act 2 4. Crown bound 2 5. Meanings in Commonwealth Act to prevail 2 6. Terms used 2 7. Implementation of national environment protection measures 5 Part 2 — Establishment and membership of the National Environment Protection Council 8. Council established 6 9. Members 6 10. Chairperson 7 11. Deputies 7 Part 3 — Functions and powers of the Council Division 1 — Functions and powers 12. Functions 8 13. Powers 8 Division 2 — Making of national environment protection measures 14. Council may make protection measures 9 15. General considerations in making protection measures 10 16. Notice to be given of intention to prepare a draft of proposed measure 10 17. Draft proposed measure and impact statement to be prepared 11 18. Public consultation 12 19. Council to have regard to impact statements and submissions 12 20. Variation or revocation of protection measures 13 21. Protection measures to be Commonwealth disallowable instruments 14 22. Failure to comply with procedural requirements 14 Division 2A — Minor variation of national environment protection measures 22A. Minor variation of measures 15 22B. Public consultation for minor amendments 16 22C. Council to have regard to submissions 16 Division 3 — Assessment and reporting on implementation and effectiveness of measures 23. Minister to report annually 17 24. Annual report of Council 17 Part 4 — Meetings of the Council and establishment and meetings of its committees Division 1 — Meetings of Council 25. Convening meetings 19 26. Procedure at meetings 19 27. Quorum 19 28. Voting at meetings 19 Division 2 — Committees of Council 29. NEPC Committee established: members 20 30. Chairperson of NEPC Committee 20 31. Procedures of the NEPC Committee 20 32. Functions of the NEPC Committee 20 33. Other committees 21 34. Withdrawal from Agreement 21 Part 5 — NEPC Service Corporation, NEPC Executive Officer and staff Division 1 — The NEPC Service Corporation 35. NEPC Service Corporation 22 36. Functions 22 37. Powers 23 38. Contracts and leases 23 Division 2 — The NEPC Executive Officer 39. Office established 24 40. Officer to control NEPC Service Corporation 24 41. Officer to act in accordance with Council directions 24 42. Remuneration and allowances 24 43. Leave of absence 25 44. Resignation 25 45. Termination of office 25 46. Terms and conditions not provided for by this Act 26 47. Acting NEPC Executive Officer 26 48. Powers and functions of acting NEPC Executive Officer 26 Division 3 — Staff of the Service Corporation and consultants 49. Public Service staff 27 50. Non‑Public Service staff 27 51. Seconded staff 27 52. Consultants 28 Part 6 — Finance 53. Payments to Service Corporation by State 29 54. Payments to Service Corporation by Commonwealth and other States and Territories 29 55. Money of Service Corporation 29 56. Application of money by Service Corporation 29 57. Estimates 30 58. Financial Management Act 2006 and Auditor General Act 2006 do not apply 30 59. Annual reports 30 Part 7 — Miscellaneous 60. Powers and functions conferred under corresponding legislation 32 61. Delegation by Council 32 62. Acts done by Council 32 63. Regulations 33 64. Review of this Act 33 Schedule 1 — Intergovernmental agreement on the environment Notes Compilation table 68 Defined terms Western Australia National Environment Protection Council (Western Australia) Act 1996 An Act to provide for the establishment of a National Environment Protection Council, and for related purposes. The Parliament of Western Australia enacts as follows: Preamble The Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association have entered into an agreement known as the Intergovernmental Agreement on the Environment setting out certain responsibilities of each party in relation to the environment. That Agreement provides that the Commonwealth, the States, the Australian Capital Territory and the Northern Territory will make joint legislative provision for the establishment of a body to determine national environment protection measures. That Agreement further provides that once the form of the joint legislative provision for the establishment of the body has been agreed to, the Commonwealth, the States, the Australian Capital Territory and the Northern Territory will submit to their Parliaments or Legislative Assemblies, and take such steps as are appropriate to secure the passage of, Bills containing that legislation.