Legislation

The Environment Protection Authority Act (the Act) established the Environment Protection Authority (EPA), defines its functions and outlines how it conducts its business.

Part 2 Division 1 Section 5 of the Act provides that the EPA is to give advice and make recommendations to the Territory, businesses and the community about matters to do with ecologically sustainable development.

The Act provides for the independence of the EPA and establishes its power to, “do all things necessary or convenient to enable it to perform its functions”, (Part 2, Division 1, Section 6).

Part 2, Division 1, Section 8 establishes that:

(1) The Authority is not subject to the Minister’s direction.
(2) In particular, the Authority is not subject to the Minister’s direction in relation to the preparation and contents of any advice or recommendation of the Authority.

Under this legislation, the EPA has a broad mandate to proactively review and assess environmental legislation, regulations and procedures in the Northern Territory. It has the power to research into and provide advice to the Minister on any issues that it considers to be of a priority for ecologically sustainable development of the Northern Territory. It can accept referrals from the Minister, from the public, or can decide to undertake an investigation itself. It is also required to monitor and publish reports on the cumulative impact of development.

The EPA consists of a board of up to seven independent members appointed by the Administrator and a small Secretariat office.