11   Part does not apply to certain NEPMs affecting national interest etc .

Exclusion of Part in certain circumstances

             (1)  This Part does not apply in relation to an applied State law providing for the implementation of a NEPM that is relevant to the carrying on of a particular activity by the Commonwealth or a Commonwealth authority if there is in force a declaration by the Environment Minister stating:

                     (a)  that an alternative Commonwealth regime for the implementation of the NEPM in relation to that activity will achieve appropriate environmental outcomes; and

                     (b)  that the application of that alternative Commonwealth regime is more appropriate than taking any action under this Part:

                              (i)  because the activity involves a specified matter of national interest; or

                             (ii)  for reasons of administrative efficiency.

Environment Minister may make declarations

             (2)  The Environment Minister may, by writing, make declarations for the purposes of subsection (1). A copy of a declaration is to be published in the Gazette .

12   Applied State laws implementing NEPMs to apply to Commonwealth and its authorities

Application of provision of applied State law

             (1)  Subject to section 13, if:

                     (a)  there is in force a declaration by the Environment Minister stating that a particular provision of an applied State law that is applicable in a Commonwealth place is necessary for the implementation of a NEPM; and

                     (b)  there is in force a declaration by the Environment Minister stating that it is desirable for the provision to apply to the carrying on of the activity by the Commonwealth or by a particular Commonwealth authority in the Commonwealth place;

the provision applies, in accordance with its terms, in relation to the carrying on of an activity by the Commonwealth or by the authority in the Commonwealth place.

Environment Minister may make declarations

             (2)  The Environment Minister may, by writing, make declarations for the purposes of paragraphs (1)(a) and (b). A copy of a declaration is to be published in the Gazette .

Regulations may modify application of provisions

             (3)  In order to ensure that a provision of an applied State law that applies under subsection (1) in relation to the carrying on of an activity by the Commonwealth or a Commonwealth authority can operate effectively in relation to the carrying on of that activity by the Commonwealth or the authority, the regulations may provide that the provision applies subject to modifications set out in the regulations. If the regulations so provide, the provision applies subject to those modifications.

Relevant State to be consulted

             (4)  The Environment Minister is to ensure that the appropriate officers of the relevant State are consulted in the preparation of regulations to be made for the purposes of subsection (3).

13   Certain provisions of applied State laws not to apply to Commonwealth and its authorities

Qualification on application of applied State laws

             (1)  Section 12 does not have effect so as to:

                     (a)  alter the purpose for which land may be used if the land had been used for that purpose at any time before the commencement of this Act; or

                     (b)  require a licence, permit or other authorisation (however described) for the construction, alteration or demolition of a building or structure, or for the installation, alteration or removal of any plant or equipment, except where the requirement is made for the purpose of implementing a NEPM; or

                     (c)  apply a provision whose primary purpose is to regulate the making of decisions about the use of land except to the extent that the provision requires a licence, permit or other authorisation (however described) for the construction, alteration or demolition of a building or structure, or for the installation, alteration or removal of any plant or equipment, for the purpose of implementing a NEPM; or

                     (d)  require the preparation, before the carrying on or continuation of an activity, of an environmental impact statement; or

                     (e)  provide for the judicial or administrative review, under an applied State law, of a decision; or

                      (f)  require the payment of a fee or charge.

Discretion to pay fees or charges

             (2)  Paragraph (1)(f) does not affect the operation of section 37.

Regulations may exclude the application of a provision of an applied State law

             (3)  The regulations may declare that section 12 is not to apply to a particular provision of an applied State law, either indefinitely or for a particular period. If the regulations so declare, that section does not apply to the provision, or to the provision for that period, as the case may be.

Regulations may exclude applied State law from applying in relation to an activity in all Commonwealth places or a particular Commonwealth place

             (4)  The regulations may declare that section 12 is not to apply to any provision, or to a particular provision, of an applied State law in relation to the carrying on of a particular activity or particular activities by the Commonwealth, or by a particular Commonwealth authority, either indefinitely or for a particular period and either in all Commonwealth places, or in a particular Commonwealth place or a particular part of a Commonwealth place, in the State. If the regulations so declare, that section does not apply to the declared extent.

Matters to be taken into account in making regulations

             (5)  Regulations may only be made for the purposes of subsection (3) or (4) if the Environment Minister is satisfied that it is desirable to make the regulations because of considerations relating to a matter of national interest.

14   Functions and powers of authorities or officers under applied provisions of applied State laws

State authorities or officers may exercise functions and powers

             (1)  If:

                     (a)  a provision of an applied State law confers functions or powers on:

                              (i)  an authority of the State other than a local governing authority; or

                             (ii)  an officer of the State other than an officer of a local governing authority; and

                     (b)  the provision is applied as mentioned in section 12;

then, subject to section 13, the authority or officer has corresponding functions or powers under the applied provision.

How functions and powers are to be exercised

             (2)  In performing a function or exercising a power conferred by subsection (1) in relation to an applied provision of an applied State law, an authority or officer must act as nearly as practicable as the authority or officer would act in performing the same function or exercising the same power under the corresponding provision of the applied State law.

State laws for investigation of offences to apply

             (3)  The laws of a State respecting the investigation of offences against an applied State law apply so far as they are applicable to the investigation, by an authority or officer of the State under subsection (1), of offences against the applied law, and so apply to the exclusion of the laws of the Commonwealth that would otherwise apply to the investigation of an offence against a Commonwealth law.

Certain Commonwealth laws not affected

             (4)  To avoid doubt, subsection (3) does not affect the operation of any of the following laws in relation to offences against an applied State law:

                     (a)  the Director of Public Prosecutions Act 1983 ;

                     (b)  section 21B of the Crimes Act 1914 ;

                     (c)  Part IB of the Crimes Act 1914 ;

                     (d)  the Proceeds of Crime Act 1987 .

15   Applied provisions of applied State laws to be interpreted by reference to the relevant State interpretation statute

                   If a provision of an applied State law is applied as mentioned in section 12:

                     (a)  any provisions of the applied State laws with respect to the interpretation of the first-mentioned provision have effect for the purposes of that provision as so applied; and

                     (b)  the Acts Interpretation Act 1901 does not apply in relation to the applied provision.