After section 22 of the Principal Act , the following Division is inserted in Part 3:

Division 2A - Minor variation of national environment protection measures

22A.     Minor variation of measures

(1)  The Council may vary any national environment protection measure if –

(a) the variation is supported by a unanimous resolution of all of the members; and

(b) the resolution states that the variation does not involve a significant change in the effect of the national environment protection measure.

(2)  If the Council decides under subsection (1) to vary a national environment protection measure, the Council must prepare –

(a) a draft of the proposed variation; and

(b) a statement relating to the variation that explains –

(i) the reasons for the proposed variation; and

(ii) the nature and effect of the proposed variation; and

(iii) the reasons why the Council is satisfied that the variation does not involve a significant change in the effect of the national environment protection measure.

(3)  A variation under this section is a minor variation.

22B.     Public consultation for minor variation

(1)  Before making a minor variation to a national environment protection measure, the Council must publish a notice –

(a) stating how the draft of the proposed variation and the explanatory statement may be obtained; and

(b) inviting submissions to the Council on the proposed variation, or on the explanatory statement, within a specified period.

(2)  A notice must –

(a) be published in the Gazette ; and

(b) in each participating State or Territory concerned – also be published, on at least one day during the month when the Gazette notice is published, in a newspaper circulating in that State or Territory.

(3)  The period specified in each notice under subsection (1) must end not less than one month after the day on which subsection (2)(b) has been fully complied with in all participating jurisdictions.

22C.     Council to have regard to submissions

In making a minor variation to a national environment protection measure, the Council must have regard to –

(a) any submissions it receives that relate to the proposed variation or the explanatory statement; and

(b) whether the measure is consistent with section 3 of the Agreement; and

(c) relevant international agreements to which Australia is a party; and

(d) any regional environmental differences in Australia.