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National Environment Protection Measures (Implementation) Act 1998

Submitted by Richard_Li on
Distinguished Terms in this instrument
Term(s) Definition Defined in Legislation See Section(s)
activity

means a physical that has a direct effect on, or represents a substantial risk of damage to, an aspect of the environment to which a NEPM applies but, to avoid doubt, does not include:

(a) the formulation of a policy; or

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
applied provision

means:

(a) in relation to an applied State law—a provision of that applied State law that applies as mentioned in section 12; or

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
National Environment Protection Measures (Implementation) Act 1998 - 12 Applied State laws implementing NEPMs to apply to Commonwealth and its authorities
carrying on of an activity by the Commonwealth or a Commonwealth authority

has a meaning affected by section 7.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
National Environment Protection Measures (Implementation) Act 1998 - 7 Activities carried on by contractors
Commonwealth authority

means an authority or other body (whether incorporated or not) that is established or continued in existence by or under an Act.

Corporations Act 2001 Corporations Act 2001 - 9 Returns to shareholders
Corporations Act 2001 - 9 Returns to shareholders
Commonwealth place

means a place (other than the seat of government) with respect to which the Parliament, under section 52 of the Constitution, has, subject to the Constitution, exclusive power to make laws for the peace, order and good government of the Commonwealth.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
Department

means a of State of the Commonwealth.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
engaging in conduct

includes doing, or omitting to do, anything.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
enter

, in relation to a vessel or aircraft, includes go on board.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
environment

includes all aspects of the surroundings of human beings, whether affecting them as individuals or in social groupings.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
Environment Minister

means the Minister who administers this Act.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
Environment Secretary

means the Secretary of the Department administered by the Environment Minister.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
environmental impact statement

includes an environment effects statement, an impact assessment study in relation to the environment, and a public environment document, and any similar statement or study.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
exclusive economic zone

has the same meaning as in Articles 55 and 57 of the Convention.

Seas and Submerged Lands Act 1973 Seas and Submerged Lands Act 1973 - 3 Interpretation
external Territory to which this Act extends

means an external Territory other than Norfolk Island.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
implementation

, in relation to a NEPM, includes, but is not limited to:

(a) if the NEPM incorporates a national environment protection standard—requiring and securing compliance with the standard, including monitoring and reporting on observance of the standard; and

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
law

, in relation to a local governing authority, has a meaning affected by section 8.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
National Environment Protection Measures (Implementation) Act 1998 - 8 Laws made by local governing authorities
make a decision

includes:

(a) make, suspend, revoke or refuse to make an order, award or determination; and

(b) give, suspend, revoke or refuse to give a certificate, direction, approval, consent or permission; and

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
modification

, in relation to a provision of an applied State law referred to in subsection 12(4) or a provision of a law of a State or Territory referred to in subsection 17(3) or 21(8) or (9), includes a that involves:

(a) the omission of part of the provision; or

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
National Environment Protection Measures (Implementation) Act 1998 - 12 Applied State laws implementing NEPMs to apply to Commonwealth and its authorities
national environment protection goal

means a goal that:

(a) relates to desired environmental outcomes; and

(b) guides the formulation of strategies for the management of human activities that may affect the environment.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions
national environment protection guideline

means a guideline that gives guidance on possible means for achieving desired environmental outcomes.

National Environment Protection Measures (Implementation) Act 1998 National Environment Protection Measures (Implementation) Act 1998 - 5 Definitions

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