(b) a law of a State or a self‑governing Territory;
(c) another national environmental standard in force or proposed to be made.
(4) Subsection (1) does not apply in relation to a variation or revocation of a national environmental standard within 18 months of the standard being made.
514YH Consultation
(1) Before making, varying, or revoking a national environmental standard, the Minister must:
(a) publish a draft of the proposed standard, variation, or revocation on the Department’s website; and
(b) invite public comment on the draft within the period specified in the invitation (which must be at least 20 business days); and
(c) consider any relevant comments made within the specified period.
(2) Subsection (1) does not apply in relation to a variation of a standard if the Minister is satisfied that the variation is of a minor or machinery nature.
514YI Consultation in relation to engagement with Indigenous persons
(1) Before making, varying, or revoking a national environmental standard that relates to engagement with Indigenous persons, the Minister must:
(a) invite the Indigenous Advisory Committee to provide any comments on the proposed standard, variation or revocation, within the period specified in the invitation (which must be a reasonable period); and
(b) consider any comments made by the Committee within the specified period.
(2) To avoid doubt, the Minister is not prevented from making, varying or revoking the standard if no comments are made by the Committee within the specified period.
514YJ Review of national environmental standards
(1) The Minister must arrange for a review of a national environmental standard to be started:
(a) within 18 months of the standard commencing; and
(b) at least every 5 years after that.
(2) A standard must be reviewed in accordance with paragraph (1)(a) even if it is varied before the end of the 18 months.
(3) If a standard is varied (other than a variation of a minor or machinery nature) more than 18 months after it commenced, the next review of the standard is to be started within 5 years of the variation commencing.
(4) A review of a standard must consider the extent to which the standard is achieving its outcomes and objectives and what changes, if any, should be made to the standard.
(5) The persons undertaking a review must give the Minister a written report of the review by the end of:
(a) the period of 12 months starting on the day the review commenced; or
(b) if the Minister, in writing, extends that period—the extended period.
(6) The Minister must arrange for the report to be published on the Department’s website as soon as practicable after the report is given to the Minister.
514YK Using national environmental standards
Mandatory use
(1) In making a decision prescribed by the regulations for the purposes of this subsection, a person must:
(a) apply any national environmental standard prescribed for the decision; and
(b) apply it in the way prescribed.
Note: Other provisions of this Act may also require a person to apply a standard in a specified way in making a decision (see for example section 136A).
(2) For the purposes of paragraph (1)(b), the regulations may prescribe the following ways that a national environmental standard is to be applied by a person making a decision:
(a) by the person being satisfied that the decision is not inconsistent with the standard;
(ab) by the person being satisfied that the decision is consistent with the standard;
(b) by the person having regard to the standard;
(c) any other way.
Prescribing all or part of a national environmental standard
(3) Regulations prescribing a national environmental standard for the purposes of a provision of this Act that refers to a national environmental standard prescribed for the purposes of the provision may prescribe the whole or a specified part of a standard. If a specified part is prescribed, the provision is taken to refer to the part of the standard that is prescribed.
Discretionary use
(4) A person may, in making a decision under this Act, have regard to any national environmental standard the person considers relevant to the decision.
(5) However, a person is only required to apply a national environmental standard in making a decision under this Act if subsection (1) of this section, or another provision of this Act, requires it.
Effect on validity of decisions
(6) Unless this Act requires a person to apply a national environmental standard in making a decision under this Act, a failure by a person to have regard to or apply a national environmental standard does not affect the validity of the decision.
Part 20—Delegation
515 Delegation
(1) The Minister may, by signed instrument, delegate all or any of his or her powers or functions under this Act to an officer or employee in the Department or to the Director. The delegate is, in the exercise or performance of a delegated power or function, subject to the directions of the Minister.
(1A) Despite subsection (1), the Minister must not delegate powers or functions to do the following:
(a) make a declaration under section 33 or suspend, vary or revoke such a declaration;
(b) revoke, under section 35D or 35E, an instrument suspending, varying or revoking a declaration under section 33;
(c) accredit a management or authorisation framework under section 33;
(d) make a declaration under section 36H or suspend, vary or revoke such a declaration;
(e) revoke, under section 36L, an instrument suspending a declaration under section 36H;
(f) enter into a bilateral agreement, or suspend or cancel the effect of a bilateral agreement (whether generally or otherwise), under Division 2 of Part 5;
(g) accredit a management or authorisation framework under section 46;
(h) approve, under section 133, the taking of an action that is a national interest proposal;
(i) make a determination under section 146N or 146P or revoke such a determination;
(j) determine that the taking of an action is a national interest proposal under section 157A;
(k) revoke, under section 157E, a determination that the taking of an action is a national interest proposal;
(l) grant, vary, revoke, or accept the surrender of, a national interest exemption under Division 3 of Part 11;
(m) make, vary, suspend or revoke a bioregional plan under Part 12A;
(n) make a determination under section 177CE or revoke such a determination;
(o) make a determination under section 177CF or revoke such a determination;
(p) grant, vary, revoke, or accept the surrender of, a Part 13 exemption under Division 7A of Part 13;
(q) give a statement of expectations under section 510B;
(r) make, vary or revoke a national environmental standard under Part 19B;
(s) make, vary or revoke a ruling under Part 19C.
(2) The Secretary may, by signed instrument, delegate all or any of his or her powers or functions under this Act to an officer or employee in the Department or to the Director. The delegate is, in the exercise or performance of a delegated power or function, subject to the directions of the Secretary.
(3) The Director may, by sealed instrument, delegate all or any of the Director’s powers or functions under this Act to a person. The delegate is, in the exercise of a delegated power or function, subject to the directions of the Director.
(4) A reference in this section to powers or functions under this Act or a provision of this Act includes powers or functions under the regulations or regulations made for the purposes of the provision.
515AA Delegation by Minister in relation to Great Barrier Reef Marine Park
(1) The Minister may, by signed instrument, delegate any or all of his or her powers or functions to which subsection (2) applies to:
(a) the Great Barrier Reef Marine Park Authority; or
(b) the Chief Executive Officer of the Great Barrier Reef Marine Park Authority; or
(c) a member of the staff of the Great Barrier Reef Marine Park Authority.
(2) For the purposes of subsection (1), this subsection applies to a power or function if:
(a) the exercise of the power or performance of the function relates (including in a way described in subsection 7(1A) of the Great Barrier Reef Marine Park Act 1975) to the Great Barrier Reef Marine Park; or
(b) the exercise of the power or performance of the function is incidental to a matter that relates (including in a way described in subsection 7(1A) of the Great Barrier Reef Marine Park Act 1975) to the Great Barrier Reef Marine Park.
Note: If a power or function is delegated to the Great Barrier Reef Marine Park Authority under this section, the Authority may sub‑delegate the power or function under section 47 of the Great Barrier Reef Marine Park Act 1975.
(3) Despite subsection (1), the Minister must not delegate under that subsection a power or function under Part 17 (Enforcement) to a person mentioned in paragraph (1)(c) unless the person:
(a) is an SES employee or an acting SES employee; or
(b) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.
(4) In exercising a power or performing a function under a delegation, the delegate must comply with any directions of the Minister.
(5) This section does not limit the Minister’s power of delegation under section 515.
515AB Delegation by Secretary in relation to Great Barrier Reef Marine Park
(1) The Secretary may, by signed instrument, delegate any or all of his or her powers or functions to which subsection (2) applies to:
(a) the Great Barrier Reef Marine Park Authority; or
(b) the Chief Executive Officer of the Great Barrier Reef Marine Park Authority; or
(c) a member of the staff of the Great Barrier Reef Marine Park Authority.
(2) For the purposes of subsection (1), this subsection applies to a power or function if:
(a) the exercise of the power or performance of the function relates (including in a way described in subsection 7(1A) of the Great Barrier Reef Marine Park Act 1975) to the Great Barrier Reef Marine Park; or
(b) the exercise of the power or performance of the function is incidental to a matter that relates (including in a way described in subsection 7(1A) of the Great Barrier Reef Marine Park Act 1975) to the Great Barrier Reef Marine Park.
Note: If a power or function is delegated to the Great Barrier Reef Marine Park Authority under this section, the Authority may sub‑delegate the power or function under section 47 of the Great Barrier Reef Marine Park Act 1975.
(3) Despite subsection (1), the Secretary must not delegate under that subsection a power or function under Part 17 (Enforcement) to a person mentioned in paragraph (1)(c) unless the person:
(a) is an SES employee or an acting SES employee; or
(b) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position.
(4) In exercising a power or performing a function under a delegation, the delegate must comply with any directions of the Secretary.
(5) This section does not limit the Secretary’s power of delegation under section 515.
Part 20A—Publication of information on the internet
515A Publication of information on the internet
Without limiting the operation of section 170A, the Secretary must publish on the internet each week a list of:
(a) all permits issued or granted under this Act in the immediately preceding week; and
(b) all matters required by this Act to be made available to the public in the immediately preceding week.
Part 20B—Authorised uses and disclosures of relevant information
Division 1—Preliminary
515B Meaning of certain terms used in this Part
Relevant information
(1) Information is relevant information if it is:
(a) obtained or generated by an entrusted person under, or in accordance with, this Act or an instrument made under this Act; or
(b) obtained or generated by an entrusted person in the course of or for the purposes of:
(i) administering this Act or an instrument made under this Act, or monitoring compliance with this Act or an instrument made under this Act; or
(ii) assisting another person to administer this Act or an instrument made under this Act, or monitor compliance with this Act or an instrument made under this Act.
Protected information
(2) Relevant information obtained by an entrusted person is protected information if disclosure of the information could reasonably be expected to:
(a) if the disclosure is by the entrusted person—found an action by a person (other than the Commonwealth) for breach of a duty of confidence; or
(b) prejudice the effective working of government; or
(c) prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences; or
(d) endanger a person’s life or physical safety; or
(e) prejudice the protection of public safety or the environment.
Entrusted persons
(3) A person is an entrusted person if the person is:
(a) the Minister; or
(b) the Secretary; or
(c) an APS employee in the Department; or
(d) any other person employed in, or engaged by, the Department; or
(e) any other person prescribed by the regulations.
Division 2—Authorised uses and disclosures by Minister
515C Disclosure of relevant information to Commonwealth entities
The Minister may disclose relevant information to a Commonwealth entity if the Minister is satisfied the disclosure is for the purposes of assisting the entity to perform its functions or exercise its powers.
Note: If protected information is disclosed under this section to a Commonwealth entity (other than the Department or NEPA) for a purpose, an official of the entity must not use or disclose the information other than for that purpose (see section 515V).
515D Disclosure of relevant information to State or Territory government body
The Minister may disclose relevant information to a State or Territory government body if:
(a) the Minister reasonably believes that the disclosure of the information is necessary for the purposes of:
(i) the Minister performing functions, or exercising powers, under this Act or an instrument made under this Act; or
(ii) the administration of a State or Territory law; and
(b) the State or Territory government body has undertaken not to use or further disclose the information except in accordance with an agreement that:
(i) is in force between the Commonwealth and the State or Territory; and
(ii) applies in relation to the information; and
(c) the Minister is satisfied that the information will be used and further disclosed only in accordance with the agreement.
Note: See also section 515E for disclosure for the purposes of law enforcement (including to a State or Territory government body).
515E Disclosure for the purposes of law enforcement
(1) The Minister may disclose relevant information to a body listed in subsection (2) if:
(a) the Minister reasonably believes that the disclosure of the information is necessary for:
(i) the enforcement of the criminal law; or
(ii) the enforcement of a law imposing a pecuniary penalty; or
(iii) the protection of public revenue; and
(b) the functions of that body include that enforcement or protection.
(2) For the purposes of subsection (1), the following bodies are listed:
(a) a Commonwealth entity;
(b) a State or Territory government body;
(c) the Australian Federal Police;
(d) the police force or police service of a State or Territory.
515F Use or disclosure to reduce serious risk to human health
The Minister may use or disclose relevant information if the Minister reasonably believes that the use or disclosure is necessary to prevent or lessen a serious risk to human health.
515G Use or disclosure to reduce serious risk to the environment
The Minister may use or disclose relevant information if the Minister reasonably believes that the use or disclosure is necessary to prevent or lessen a serious risk to the environment.
Division 3—Authorised uses and disclosures by entrusted person
515H Use or disclosure for the purposes of an Act
An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of this Act or another Act administered by the Minister, or for the purposes of an instrument made under those Acts.
515J Disclosure for the purposes of the functions etc. of the CEO
An entrusted person may disclose relevant information to NEPA if the disclosure is for the purposes of assisting in the performance of the CEO’s functions or the exercise of the CEO’s powers under a law of the Commonwealth.
515K Disclosure for the purposes of the functions etc. of the Head of Environment Information Australia
An entrusted person may disclose relevant information to Environment Information Australia if the disclosure is for the purposes of assisting in the performance of the Head of Environment Information Australia’s functions or the exercise of the Head’s powers under a law of the Commonwealth.
515L Use or disclosure for the purposes of international obligations
An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of Australia meeting its international obligations.
515M Use or disclosure of publicly available information
An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.
515N Disclosure to person to whom information relates
An entrusted person may disclose relevant information to the person to whom the information relates.
515P Use or disclosure with consent
An entrusted person may use or disclose relevant information that relates to a person if:
(a) the person has consented to the use or disclosure; and
(b) the use or disclosure is in accordance with that consent.
515Q Disclosure to person who provided information
An entrusted person may disclose relevant information to the person who provided the information.