ATTACHMENT I SUMMARY OF MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL ENVIRONMENT PROTECTION COUNCIL AND THE NATIONAL ROAD TRANSPORT COMMISSION A Memorandum of Understanding (MOU) between the NEPC and the NRTC sets out working arrangements for the management of environmental issues involving motor vehicles. The MOU prescribes the formation of MVEC and sets out its broad roles and responsibilities. Legislative basis Section 14(2) of the National Environment Protection Council Act 1994 provides that in the making of national environment protection measures by NEPC, noise and emission standards relating to the design, construction and technical characteristics of new and in- service motor vehicles may only be developed and agreed in conjunction with NRTC and be determined in accordance with the National Road Transport Commission Act 1991 and, where appropriate, the Motor Vehicle Standards Act 1989. Correspondingly, NRTC’s functions under the National Road Transport Commission Act 1991 include recommending national vehicle standards. In relation to new vehicles, the NRTC must work closely with the Federal Office of Road Safety (FORS) in the development and implementation of any national standards made under the Motor Vehicle Standards Act 1989 which is administered by FORS. Emissions and noise standards must be developed in conjunction with NEPC. Joint Work Program The process which will be used for developing any legal instrument to fulfil the parties’ respective statutory duties must be agreed by the parties and neither party will act unilaterally in the development or adoption of instruments relating to motor vehicle environment issues. The parties also agree they will consult each other in relation to the development of strategic policy relating to motor vehicle environment issues, At least one meeting will be held each year between nominated members of NRTC and NEPC Committee to discuss relevant issues associated with NEPC and NRTC and agree on the joint work program. A FORS representative may attend these meetings. This meeting may refer issues on behalf of NRTC and NEPC Committee to the Motor Vehicle Environment Committee. Motor Vehicle Environment Committee The Motor Vehicle Environment Committee (MVEC) will be established by NRTC and NEPC and will report to NRTC and NEPC Committee. MVEC will comprise four representatives appointed by NRTC (including the Chief Executive of NRTC, and Director FORS) and four members (including the Executive Officer of NEPC and a Commonwealth representative) appointed by NEPC Committee. The Executive Officer of NEPC and the Chief Executive of NRTC will, in rotation, provide the Chair and Secretarial support for MVEC and may attend all meetings. MVEC will meet at least once every twelve months. Tasks to be undertaken by MVEC include: a) co-ordinating the development of instruments between NRTC and NEPC; b) establishing consultative mechanisms including, as required, convening meetings of the Transport Emissions Liaison Group. (The role and membership of TELG is outlined below.) c) recommending policies to NRTC and NEPC Committee for consideration; d) overseeing and co-ordinating projects on the joint work program; e) developing joint work program proposals to be presented to NRTC and NEPC Committee for consideration. Projects proposed for the joint work program must be supported by a project brief, which includes: the project objective; an assessment of priorities; and suggested instrument or combination of instruments for carrying out the objective. Project briefs must also address the following: development process; who will have primary carriage of the project; composition of working groups; consultations; timing; costs; source of funds; and staff resources; f) reporting annually or as agreed to NRTC and NEPC Committee on progress with projects on the joint work program. Where project outcomes are likely to deviate significantly from a project brief, those deviations must be reported to NRTC and NEPC Committee as soon as they are recognised; g) ensuring that all Commonwealth, State and Territory agencies responsible for transport and environment are given the opportunity to fully participate in the development of the joint work program and any policies recommended by MVEC Group; and h) establishing technical working groups on an as-needed basis. Transport Emissions Liaison Group The purpose of the Transport Emissions Liaison Group (TELG) is to provide a forum and network to offer and facilitate advice, through MVEC to NEPC and NRTC on joint work program projects relating to development of technical standards, protocols and guidelines for the control of emissions of pollutants and noise from new and in-service vehicles. The group will comprise representatives from: National Environment Protection Council Service Corporation; National Road Transport Commission; Federal Office of Road Safety; each of the State and Territory departments responsible for transport; each of the Commonwealth, State and Territory departments responsible for protection of the environment; Commonwealth Department responsible for industry; Australian Automobile Association; Road Transport Forum; Federal Chamber of Automotive Industries; National Environment Consultative Forum; Commonwealth Department responsible for energy; and National Health and Medical Research Council. Australian Institute of Petroleum Motor Traders Association The Chair of MVEC will chair each meeting of TELG. TELG should meet as required and at least once per calendar year.
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