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National Environment Protection Measures (Implementation) Bill 1998

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1998

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

 

 

 

 

National Environment Protection Measures (Implementation) Bill 1998

 

 

(Amendments to be moved by Senator Bolkus for the Opposition in committee of the whole)

 

(1)     Clause 5, page 7 (line 8), before “matter”, insert “prescribed”.

(2)     Clause 10, page 10 (after line 16), after subclause (2), insert:

          (2A)  An officer of a State who is responsible for instituting prosecutions for offences against the laws of the State may:

                     (a)  institute and carry on a prosecution on indictment for an indictable offence against an applied provision of an applied State law of the State or against an applied provision of a law of the State; or

                     (b)  institute and carry on a proceeding for commitment for trial in respect of such an offence; or

                     (c)  institute and carry on a proceeding for a summary conviction in respect of an offence against an applied provision of an applied State law of the State or against an applied provision of a law of the State;

if the offence was committed by a Commonwealth authority (other than an authority that is an instrumentality or agency of the Commonwealth) or an officer or employee of such an authority.

          (2B)  An officer of a Territory who is responsible for instituting prosecutions for offences against the laws of the Territory may:

                     (a)  institute and carry on a prosecution on indictment for an indictable offence against an applied provision of a law of the Territory; or

                     (b)  institute and carry on a proceeding for commitment for trial in respect of such an offence; or

                     (c)  institute and carry on a proceeding for a summary conviction in respect of an offence against an applied provision of a law of the Territory:

if the offence was committed by a Commonwealth authority (other than an authority that is an instrumentality or agency of the Commonwealth) or an officer or employee of such an authority.

(3)     Clause 10, page 12 (after line 32), at the end of the clause, add:

             (8)  Within 15 sitting days after receiving a report under subsection (6) or (7), the relevant Minister must cause a copy of the recommendations, comments and the report to be tabled in each House of the Parliament.

(4)     Clause 11, page 13 (lines 18 to 22), omit paragraph (b), substitute:

                     (b)  that the application of that alternative Commonwealth regime is more appropriate than taking any action under this Part because the activity involves a specified matter of national interest.

(5)     Clause 11, page 13 (after line 26), at the end of the clause, add:

Declarations to be tabled

             (3)  Within 15 sitting days after making a declaration for the purposes of subsection (1), the Minister must cause a copy of the declaration to be tabled in each House of the Parliament.

(6)     Clause 12, page 14 (after line 20), after subclause (2), insert:

Declarations to be tabled

          (2A)  Within 15 sitting days after making a declaration for the purposes of paragraphs (1)(a) or (1)(b), the Minister must cause a copy of the declaration to be tabled in each House of the Parliament.

(7)     Clause 16, page 19 (after line 26), at the end of the clause, add:

Declarations to be tabled

             (3)  Within 15 sitting days after making a declaration for the purposes of subsection (1), the Minister must cause a copy of the declaration to be tabled in each House of the Parliament.

(8)     Clause 17, page 20 (lines 5 to 12), omit paragraphs (a) and (b), substitute:

                     (a)  a provision of a law of a State (other than an excluded State) or of a law of a Territory (other than an excluded Territory) is necessary for the implementation of an NEPM; and

                     (b)  apart from this subsection, the provision would not apply to the carrying on of an activity by the Commonwealth or a particular Commonwealth authority;

(9)     Clause 17, page 20 (lines 23 to 26), omit subclause (2).

(10)   Clause 18, page 23 (lines 1 to 5), omit subclause (5), substitute:

Matters to be taken into account in making regulations

             (1)  Regulations may only be made for the purposes of subsection (3) or (4) if the Governor-General in Council is satisfied that it is necessary to make the regulations because of considerations relating to:

                     (a)  in respect of regulations for the purposes of subsection (3)—a matter of national interest or an emergency situation; or

                     (b)  in respect of regulations for the purposes of subsection (4)—a matter of national interest.

(11)   Clause 27, page 34 (after line 21), at the end of the clause, add:

             (3)  Within 15 sitting days after receiving a report under subsection (1), the Environment Minister must cause a copy of the conclusions of the report to be tabled in each House of the Parliament.

(12)   Clause 31, page 37 (lines 4 to 9), omit all words after “last revised;”, substitute:

                   the plan is to be revised for the purpose of giving effect as far as practicable to the NEPMs that apply to matters to which the plan relates.

(13)   Clause 33, page 40 (line 6), omit “reviewable”.

(14)   Clause 33, page 40 (lines 11 to 21), omit subclause (2).