236Review of operation of this Act etc.

236 Review of operation of this Act etc.

(1) The Minister must cause independent reviews of the operation of this Act to be undertaken. (2) A review under subsection (1) must include a review of: (a) the extent to which this Act has achieved the objects of this Act; and (aa) the extent to which the Regulator has contributed to the achievement of the objects of this Act by performing the Regulator’s functions, and exercising the Regulator’s powers, under this Act; and (b) the operation of the Nature Repair Committee; and (c) the process for making: (i) methodology determinations; and (ii) biodiversity assessment instruments; and (d) the kinds of advice obtained by the Nature Repair Committee under section 196; and (e) any other matters that the Minister directs, in writing, the review to consider. Public consultation (3) A review under subsection (1) must make provision for public consultation. Report (4) The persons undertaking a review under subsection (1) must give the Minister a written report of the review. (5) A report of the review: (a) must set out any directions given by the Minister under paragraph (2)(e); and (b) may set out recommendations to the Commonwealth Government. (6) The Minister must cause a copy of a report of the review to be: (a) tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister; and (b) published on the Department’s website as soon as practicable after the report is given to the Minister. (7) If a report of the review sets out one or more recommendations to the Commonwealth Government: (a) as soon as practicable after receiving the report, the Minister must cause to be prepared a statement setting out the Commonwealth Government’s response to each of the recommendations; and (b) within 6 months after receiving the report, the Minister must cause copies of the statement to be tabled in each House of the Parliament. First review (8) The first review under subsection (1) must be completed within 5 years after the day determined by the Minister under subsection 11(2).

Note: The day determined by the Minister under subsection 11(2) is the first day on which applications may be made for the Regulator to approve the registration of a biodiversity project.

Subsequent reviews (9) Each subsequent review under subsection (1) must be completed within 5 years after the completion of the previous review.

When review is completed

(10) For the purposes of subsections (8) and (9) a review is completed when the report of the review is given to the Minister under subsection (4). Direction not a legislative instrument (11) A direction given under paragraph (2)(e) is not a legislative instrument.