Document ID: chunk:federal_register_of_legislation:C2021C00298:schedule:4:p3
Version: federal_register_of_legislation:C2021C00298
Segment Type: schedule
Provision Reference: sch 4 (pt 3/4)
Character Range: 83237–86323

legislation which will enable the Commonwealth and State Parliaments to authorise the Authority to establish any measures. The legislation will also establish mechanisms for the application of measures in the States. The legislation will ensure that any measures established by the Authority—
          (a) will apply, as from the date of the commencement of the measure, throughout Australia, as a valid law of each jurisdiction; and
          (b) will, subject to clause 20, replace any existing measures dealing with the same matter.
Implementation, Enforcement, Impact and Reporting in Relation to National Measures
    17. The Commonwealth and the States will be responsible for the attainment and maintenance of agreed national standards or goals and compliance with national guidelines within their respective jurisdictions through appropriate mechanisms such as Commonwealth and State environment protection bodies.
    18. The Commonwealth and the States agree to establish a uniform hierarchy of offences and related penalty structures to apply to breaches of any requirements applied under any agreed law for the purposes of complying with the standards, guidelines or goals.
    19. The measures established and adopted in accordance with the above procedure will not prevent the Commonwealth or a State from introducing more stringent measures to reflect specific circumstances or to protect special environments or environmental values located within its jurisdiction provided there has been consultation with the Authority.
    20. Nothing in this Agreement will prevent a State or the Commonwealth maintaining existing more stringent standards which are in effect at the date when the Authority comes into existence.
    21. The Commonwealth and the States will prepare an annual report on the measures they adopt to attain and maintain the standards, guidelines, goals or protocols established pursuant to this Agreement and submit that report by 30 September each year to the Authority.
    22. The Authority will prepare an annual report which includes the reports received from the Commonwealth and the States. The annual report will be tabled in all Parliaments, through the respective Ministers who are members of the Authority.
    Action to Implement Agreements in the Schedule
    23. Within twelve months of the execution of this Agreement the Working Group on Environmental Policy will, for the consideration of First Ministers:
          (i) prepare draft legislation to implement the agreements reached in this Schedule; and
          (ii) develop arrangements for consultation with relevant Commonwealth and State authorities, the Australian Local Government Association, and Ministerial Councils.
    24. The Working Group on Environmental Policy will, when submitting the draft legislation to First Ministers, also submit a report on the financial arrangements necessary to give effect to the agreements set out in this Schedule.
    25. Once the legislation referred to in clause 23 has been agreed to by First Ministers, the Commonwealth and the States