NEPMs are related to an Intergovernmental Agreement on the Environment 1992 (‘the IGAE’), in which the Commonwealth, State and Territory Governments agreed to work together to develop uniform national environment protection standards for the control of air, water, land and noise pollution.
The National Environment Protection Council (Victoria) Act 1995 (Vic) provides for the National Environment Protection Council to make NEPMs, and to assess and report on their implementation and effectiveness. Similar legislation has also been passed by the Commonwealth Government and each of the State and Territory Governments.
NEPMs are used in the formation of State Environment Protection Policies ("SEPPs"), which are made under the Environment Protection Act 1970 (Vic). Their are also requirements for public consultation in the drafting of NEPM's; s. 18 of the National Environment Protection Council (Victoria) Act 1995 (Vic)).
The first NEPM to be established was the National Pollution Inventory (“NPI”), which requires Australia’s larger scale industrial facilities to estimate and report annually their emission of the chemicals listed in the NPI.
NEPM’s in existence include:
An NEPM may be adopted in entire form within Victoria, or in order to make an existing SEPP or Industrial Waste Management Policy ("IWMP") consistent with a NEPM. However, subject to consultation with the National Environment Protection Council, SEPPs and IWMPs may be more stringent than NEPMs (s. 17A of the Environment Protection Act 1970 (Vic)).
The National Environment Protection Measures (Implementation) Act 1998 (Cth) ensures that that State and Territory laws implementing NEPMs also apply to the activities of the Commonwealth and its agencies.