(b) the Minister considers that regulations referred to in paragraph 194E(3)(b) or (c) have not been complied with in relation to the nomination.
(4) If a nomination is rejected under paragraph (3)(b), the Minister must, if practicable, notify the person who made the nomination of the rejection of the nomination and the reason for the rejection.
Definition
(5) In this section:
nomination means a nomination of an item for inclusion in a Subdivision A List.
194G Scientific Committee to prepare proposed priority assessment list
(1) Within 40 business days after the Scientific Committee receives the nominations as required by subsection 194F(1) in relation to an assessment period for a Subdivision A List, the Committee must prepare and give to the Minister a list (the proposed priority assessment list) for the assessment period for the Subdivision A List.
(2) The proposed priority assessment list for the Subdivision A List is to consist of such of the items that are eligible for assessment consideration in relation to the assessment period for the Subdivision A List as the Scientific Committee considers it appropriate to include in the proposed priority assessment list, having regard to:
(a) any conservation themes determined by the Minister under section 194D in relation to the assessment period for the Subdivision A List; and
(b) the Committee’s own views about what should be given priority in relation to the assessment period for the Subdivision A List; and
(c) the Committee’s capacity to make assessments under this Division while still performing its other functions; and
(d) any other matters that the Committee considers appropriate.
(3) An item is eligible for assessment consideration in relation to the assessment period for a Subdivision A List if:
(a) the item has been nominated by a nomination referred to in subsection (1); or
(b) the Committee itself wishes to nominate the item for inclusion in the Subdivision A List; or
(c) the item was eligible for assessment consideration, otherwise than because of this paragraph, in relation to the immediately preceding assessment period (if any) for the Subdivision A List but was not included in the finalised priority assessment list for that assessment period for the Subdivision A List.
(4) Without limiting the generality of the Scientific Committee’s discretion under subsection (2), the Committee does not have to include in the proposed priority assessment list an item that has been nominated if the Committee considers that:
(a) if the item is not on the Subdivision A List concerned—it is unlikely that the item is eligible to be included in the Subdivision A List; or
(b) if the nomination is for the transfer of the item to another category in the Subdivision A List concerned—it is unlikely that the item is eligible to be included in that other category of the Subdivision A List.
(5) For the purposes of subsection (4), the Committee is not required to have regard to any information beyond the information that was included in the nomination.
(6) The proposed priority assessment list is not a legislative instrument.
194H Matters to be included in proposed priority assessment list
(1) The proposed priority assessment list for an assessment period for a Subdivision A List is to include, for each item in the proposed priority assessment list:
(a) a description of the item; and
(b) an assessment completion time; and
(c) any other information required by the regulations.
(2) The assessment completion time for an item must be either:
(a) a time that is at or before the end of the assessment period for the proposed priority assessment list; or
(b) if the Scientific Committee considers it likely that making an assessment in relation to the item will take a period that is longer than 12 months—the end of that longer period (calculated from the start of the assessment period for the proposed priority assessment list).
194J Statement to be given to Minister with proposed priority assessment list
(1) When the Scientific Committee gives the Minister the proposed priority assessment list for an assessment period for a Subdivision A List, the Committee must also give the Minister a statement setting out such information as the Committee considers appropriate relating to:
(a) for each item that is included in the proposed priority assessment list—why the Committee included the item in the list; and
(b) for each item that is not included in the proposed priority assessment list but that was eligible for assessment consideration because of paragraph 194G(3)(a) or (c)—why the Committee did not include the item in the proposed priority assessment list.
(2) The statement must also identify, as items nominated by the Scientific Committee, any items that are included in the proposed priority assessment list because the Committee itself wishes to nominate them (see paragraph 194G(3)(b)).
194K The finalised priority assessment list
(1) Within 20 business days after the Minister, under section 194G, receives the proposed priority assessment list for an assessment period for a Subdivision A List, the Minister may, in writing, make changes to the proposed priority assessment list as mentioned in subsection (2).
(2) The changes the Minister may make are as follows:
(a) including an item in the proposed priority assessment list (and also including the matters referred to in subsection 194H(1));
(b) omitting an item from the proposed priority assessment list (and also omitting the matters referred to in subsection 194H(1));
(c) changing the assessment completion time for an item in the proposed priority assessment list;
(d) any other changes of a kind permitted by the regulations.
(3) In exercising the power to make changes, the Minister may have regard to any matters that the Minister considers appropriate.
(4) At the end of the period of 20 business days referred to in subsection (1), the proposed priority assessment list, as changed (if at all) by the Minister, becomes the finalised priority assessment list for the assessment period for the Subdivision A List.
(5) The Minister must notify the Scientific Committee of all changes that the Minister makes to the proposed priority assessment list.
(6) The finalised priority assessment list is not a legislative instrument.
194L Publication of finalised priority assessment list
(1) The Scientific Committee must publish the finalised priority assessment list for an assessment period for a Subdivision A List on the internet.
(2) The Scientific Committee must also publish the finalised priority assessment list in accordance with any requirements of the regulations.
194M Scientific Committee to invite comments on items in finalised priority assessment list
(1) In relation to each item included in the finalised priority assessment list for an assessment period for a Subdivision A List, the Scientific Committee must publish a notice inviting people to make comments on the item.
(2) The Scientific Committee may, under subsection (1), publish a single notice relating to all of the items on the finalised priority assessment list, or may publish a number of separate notices, each of which relates to one or more of the items.
(3) A notice under subsection (1), in relation to an item or items:
(a) must be published in accordance with the regulations referred to in paragraph (4)(a); and
(b) must identify the item or items to which the notice relates; and
(c) if the Subdivision A List is the list referred to in section 178 or 181—must identify the category of the Subdivision A List in which the item or items are proposed to be included; and
(d) must invite people to make comments, to the Scientific Committee, setting out:
(i) if the Subdivision A List is the list referred to in section 178 or 181—views about whether the item or items are eligible for inclusion in that category of the Subdivision A List; and
(ii) if the Subdivision A List is the list referred to in section 183—views whether the item or items are eligible for inclusion in the Subdivision A List; and
(iii) reasons supporting those views; and
(e) must specify the date (the cut‑off date) by which comments must be received, which must be at least 30 business days after the notice has been published as required by paragraph (a); and
(f) must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph (4)(b), apply to making comments; and
(g) may also invite people to comment on other matters that the Scientific Committee considers appropriate; and
(h) may also include any other information that the Scientific Committee considers appropriate.
(4) The regulations must provide for the following:
(a) how a notice under subsection (1) is to be published;
(b) the manner and form for making comments.
194N Scientific Committee to assess items on finalised priority assessment list and give assessments to Minister
(1) In relation to each item included in the finalised priority assessment list for an assessment period for a Subdivision A List, the Scientific Committee must (by the time required by section 194P):
(a) make a written assessment of:
(i) whether the item is eligible for inclusion in the Subdivision A List; and
(ii) if the Subdivision A List is the list referred to in section 178 or 181—the category of that List in which the item is eligible to be included; and
(b) give to the Minister:
(i) the written assessment (or a copy of it); and
(ii) a copy of the comments referred to in paragraphs (2)(a) and (b) (whether or not they have all been taken into account under subsection (2)).
(2) In making an assessment in relation to an item, the Scientific Committee, subject to subsections (3) and (4):
(a) must take into account the comments the Committee receives in response to the notice under subsection 194M(1) in relation to the item; and
(b) may seek, and have regard to, information or advice from any source.
(3) The Scientific Committee is not required to take a comment referred to in paragraph (2)(a) into account if:
(a) the Committee does not receive the comment until after the cut‑off date specified in the notice under subsection 194M(1) in relation to the item; or
(b) the Committee considers that regulations referred to in paragraph 194M(4)(b) have not been complied with in relation to the comment.
(4) In making an assessment, the only matters the Scientific Committee may consider are matters relating to:
(a) whether the item is eligible for inclusion in the Subdivision A List; or
(b) the effect that including the item in that List could have on the survival of the native species or ecological community concerned.
194P Time by which assessments to be provided to Minister
(1) Subsection 194N(1) must be complied with, in relation to an item included in the finalised priority assessment list for an assessment period for a Subdivision A List, by the assessment completion time specified in the finalised priority assessment list for the item, or by that time as extended under this section.
(2) The Scientific Committee may request the Minister to extend the assessment completion time (or that time as previously extended) if the Committee considers that it needs more time to make the assessment.
(3) The Minister may, in response to a request under subsection (2), extend the assessment completion time (or that time as previously extended) by such period (if any) as the Minister considers appropriate. However, the total length of all extensions of the assessment completion time must not be more than 5 years.
(4) An extension under subsection (3) must be made in writing.
(5) If the Minister grants an extension under this section, the Minister must publish particulars of the extension in a way that the Minister considers appropriate.
194Q Decision about inclusion of an item in the Subdivision A List
Minister to decide whether or not to include item
(1) After receiving from the Scientific Committee an assessment under section 194N of an item, the Minister must:
(a) include the item in the Subdivision A List concerned; or
(b) in writing, decide not to include the item in the Subdivision A List concerned.
Note 1: Under this subsection the Minister can transfer an item already on a Subdivision A List to a different category in the List (see subsection 194B(1)).
Note 2: Sections 186, 187 and 188 contain rules about including items in a Subdivision A List.
(2) If, under subsection (1), the Minister transfers an item to a category of the Subdivision A List, the Minister must at the same time delete the item from the category in which it was included before the transfer.
(3) Subject to subsection (4), the Minister must comply with subsection (1) within 90 business days after the day on which the Minister receives the assessment.
(4) The Minister may, in writing, extend or further extend the period for complying with subsection (1).
(5) Particulars of an extension or further extension under subsection (4) must be published on the internet and in any other way required by regulations.
(6) For the purpose of deciding what action to take under subsection (1) in relation to the item:
(a) the Minister must have regard to:
(i) the Scientific Committee’s assessment of the item; and
(ii) the comments (if any), a copy of which were given to the Minister under subsection 194N(1) with the assessment; and
(b) the Minister may seek, and have regard to, information or advice from any source.
Additional requirements if Minister decides to include item
(7) If the Minister includes the item in the Subdivision A List, he or she must, within a reasonable time:
(a) if the item was nominated by a person in response to a notice under subsection 194E(1)—advise the person that the item has been included in the Subdivision A List; and
(b) publish a copy of the instrument referred to in paragraph (1)(a) on the internet; and
(c) publish a copy or summary of that instrument in accordance with any other requirements specified in the regulations.
Additional requirements if Minister decides not to include item
(8) If the Minister decides not to include the item in the Subdivision A List, the Minister must, within 10 business days after making the decision:
(a) publish the decision on the internet; and
(b) if the item was nominated by a person in response to a notice under subsection 194E(1)—advise the person of the decision, and of the reasons for the decision.
194R Scientific Committee may obtain advice
In performing its functions under this Subdivision, the Scientific Committee may obtain advice from a person with expertise relevant to the inclusion of an item in a Subdivision A List.
194S Co‑ordination with Australian Heritage Council—Committee undertaking assessment
(1) This section applies if:
(a) the Scientific Committee undertakes an assessment under this Subdivision; and
(b) before giving the assessment to the Minister, the Committee becomes aware that:
(i) the Australian Heritage Council is undertaking, or has undertaken, an assessment of a place under Subdivision BA or BB of Division 1A of Part 15 or under Subdivision BA or BB of Division 3A of Part 15; and
(ii) there is a matter that is relevant to both the assessment referred to in paragraph (a) and the assessment referred to in subparagraph (i).
(2) A member of the Scientific Committee may discuss the matter with a member of the Australian Heritage Council.
(3) Before the Scientific Committee gives an assessment to the Minister under this Subdivision, the Committee must comply with subsection (4) or (6).
(4) If the Australian Heritage Council has not yet given the Minister an assessment that deals with that matter, the Scientific Committee must:
(a) give the Council a copy of the assessment that the Committee proposes to give to the Minister; and
(b) invite the Council to give the Committee its comments in relation to that matter; and
(c) take into account, in finalising the assessment that the Committee gives the Minister, any comments that the Council makes in relation to that matter in response to that invitation within 14 days, or such longer period as is specified in the invitation, after being given the invitation.
(5) If the Scientific Committee gives the Australian Heritage Council a copy of a proposed assessment under paragraph (4)(a), the Committee must also give the Council a copy of the assessment that the Committee gives the Minister.
(6) If:
(a) the Australian Heritage Council has already given the Minister an assessment that deals with that matter; and
(b) the Scientific Committee has been given a copy of that assessment;
the Committee must take that assessment into account in finalising the assessment that the Committee gives the Minister.
(7) If, under section 324JR, 324JS, 341JQ or 341JR, the Australian Heritage Council gives the Scientific Committee a proposed assessment, or an assessment, that deals with a particular matter because the Committee is undertaking an assessment that deals with that matter, a member of the Committee may discuss that matter with a member of the Council.
(8) Subsection (2), paragraph (4)(a) and subsections (5) and (7) have effect despite section 189B.
194T Co‑ordination with Australian Heritage Council—Committee given assessment to Minister
(1) This section applies if:
(a) the Scientific Committee has given to the Minister an assessment under this Subdivision; and
(b) the Committee is or becomes aware that:
(i) the Australian Heritage Council is undertaking an assessment of a place under Subdivision BA or BB of Division 1A of Part 15 or under Subdivision BA or BB of Division 3A of Part 15; and
(ii) there is a matter that is relevant to both the assessment referred to in paragraph (a) and the assessment referred to in subparagraph (i).