Environment Protection (Impact of Proposals) Amendment Act 1987

No. 12 of 1987

An Act to amend the Environment Protection (Impact of Proposals) Act 1974

[Assented to 3 April 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short tide, &c.

1. (1) This Act may be cited as the Environment Protection (Impact of Proposals) Amendment Act 1987.

(2) The Environment Protection (Impact of Proposals) Act 19741 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.

Approved procedures

3. Section 6 of the Principal Act is amended—

(a) by omitting paragraph (2) (a) and substituting the following paragraph:

“(a) enabling the Minister to require the supply of information for the purpose of consideration, by or on behalf of the Minister, of the necessity for environmental impact statements or public environment reports;”;

(b) by inserting after paragraph (2) (b) the following paragraph:

“(ba) authorizing the Minister to direct the preparation or obtaining, and the submission to the Minister, of reports to be known as public environment reports;”;

(c) by inserting in paragraph (2) (c) “and reports” after “statements”; and

(d) by inserting in paragraphs (2) (d), (f) and (g) “and public environment reports” after “statements” (wherever occurring).

Minister to furnish certain information

4. Section 10 of the Principal Act is amended—

(a) by omitting “him” and substituting “the person”; and

(b) by omitting “promptly” and substituting “as soon as practicable, and in any event within 3 months after the date of the notice,”.

Inquiries by Commissioners

5. Section 11 of the Principal Act is amended—

(a) by inserting in sub-section (1) “or public environment report” after “environmental impact statement”;

(b) by omitting sub-section (4) and substituting the following subsections:

“(3a) The Minister may direct a Commission to report its findings and recommendations within a reasonable period as specified in the direction.

“(4) The Commission—

(a) shall report its findings and recommendations to the Minister;

(b) where a period has been specified under sub-section (3a)—shall so report within that period; and

(c) after so reporting, but subject to sub-section (5)—shall make public those findings and recommendations.”; and

(c) by omitting “sub-section (1)” from sub-section (6) and substituting “sub-sections (1) and (3a)”.

Minor and consequential amendments

6. The Principal Act is amended as set out in the Schedule.

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SCHEDULE Section 6

MINOR AND CONSEQUENTIAL AMENDMENTS

Section 3 (definition of “environment”)—

Omit the definition, substitute the following definition:

“environment’ includes all aspects of the surroundings of human beings, whether affecting human beings as individuals or in social groupings;”.

Section 4—

Omit “other than Papua New Guinea”.

Section 8—

Omit “him” (first occurring), substitute “the Minister”.

Paragraph 8 (a)—

(a) Omit “him”, substitute “the Minister”.

(b) Omit “he”, substitute “the Minister”.

Paragraph 8 (b)—

(a) After “statement”, insert “or public environment report”.

(b) Omit “him”, substitute “the Minister”.

(c) Omit “he”, substitute “the Minister”.

Sub-section 12 (1)—

Omit “he”, substitute “the Commissioner”.

Sub-section 12 (3)—

Omit “1973-1974”, substitute “1973”.

Section 15—

Omit “him”, substitute “the Commissioner”.

Paragraph 16 (b)—

Omit “himself”.

Paragraph 18 (b)—

Omit “he”, substitute “the person”.

Paragraph 18 (c)—

(a) Omit “he”, substitute “the person”.

(b) Omit “him”, substitute “the person”.

Sub-section 19 (1)—

Omit “his duties as”, substitute “the duties of”.

SCHEDULE—continued

Paragraph 20 (a)—

(a) Omit “his” (twice occurring), substitute “the”.

(b) Omit “as”, substitute “of”.

Section 22—

Omit “his”.

Sub-section 23 (1)—

(a) Omit “his”, substitute “the person’s”.

(b) Omit “him”, substitute “the person”.

Paragraph 23 (2) (a)—

After “his” (twice occurring), insert “or her”.

Paragraph 23 (2) (b)—

After “his” (twice occurring), insert “or her”.

Paragraph 23 (3) (a)—

(a) After “his”, insert “or her”.

(b) Omit “he” (wherever occurring), substitute “the employee”.

Paragraph 23 (3) (b)—

(a) After “his” (twice occurring), insert “or her”.

(b) Omit “he” (wherever occurring), substitute “the employee”.

Sub-section 24 (2)—

Omit “him” (twice occurring), substitute “the Commissioner”.

Sub-section 24 (3)—

Omit “he”, substitute “the Commissioner or that person”.

Sub-section 24 (5)—

Omit “he”, substitute “the Commissioner or the person”.

NOTE

1. No. 164, 1974, as amended. For previous amendments, see No. 36, 1975; No. 61, 1981; and Nos. 26 and 80, 1982.

[Minister’s second reading speech made in—.

House of Representatives on 17 April 1986

Senate on 8 May 1986]