Document ID: chunk:federal_register_of_legislation:C2024C00538:section:33
Version: federal_register_of_legislation:C2024C00538
Segment Type: section
Provision Reference: s 33
Character Range: 57379–58994

33  Relevant Minister responsible for adequate implementation of a NEPM in respect of an activity to which Part 4 or 5 applies
 (1) This section applies to activities carried on by the Commonwealth or a Commonwealth authority in respect of which:
 (a) a regulation made for the purposes of Part 4 applies; or
 (b) an environment management plan prepared under Part 5 applies;
for the purpose of implementing a NEPM.
 (2) The relevant Minister must do everything necessary to ensure that the NEPM is adequately implemented in respect of the activities.
 (3) If:
 (a) the Environment Minister is not the relevant Minister; and
 (b) the Environment Minister forms the opinion that the NEPM is not being adequately implemented in respect of the activities;
the Environment Minister may request the relevant Minister to give the Environment Minister a written report setting out:
 (c) the reasons (including any mitigating circumstances) for the inadequate implementation; and
 (d) the action that the relevant Minister intends to take to ensure adequate implementation; and
 (e) the period that the relevant Minister thinks necessary for the taking of the action.
 (4) If, after such period following the making of the request as the Environment Minister thinks reasonable, he or she is satisfied that the NEPM has not been adequately implemented in respect of the activities, he or she may make a written declaration to that effect.
 (5) If the Environment Minister makes such a declaration, he or she is to cause a copy of the declaration to be published in the Gazette.

Part 7—Administrative and judicial review