47Procedure for making a methodology determination

47 Procedure for making a methodology determination

(1) In deciding whether to make a methodology determination, the Minister: (a) must have regard to the following: (i) whether the determination complies with the biodiversity integrity standards; (ii) any advice that the Nature Repair Committee has given to the Minister under subsection 54(2) in relation to the making of the determination; and (b) may have regard to the following: (i) whether significant adverse environmental, agricultural, economic, cultural or social impacts are likely to arise from the carrying out of the kind of project that the determination covers; (ii) such other matters (if any) as the Minister considers relevant. Advice given by the Nature Repair Committee (2) Before making a methodology determination, the Minister must request the Nature Repair Committee to advise the Minister about whether the Minister should make the determination.

Note: The Nature Repair Committee must have regard to certain matters in giving advice to the Minister (see section 54).

(3) The Minister must not make a methodology determination unless: (a) the Nature Repair Committee has given the Minister advice under subsection 54(2) in relation to the making of the determination; and (b) that advice includes a statement to the effect that the Committee is satisfied that the determination complies with the biodiversity integrity standards. (4) If the Minister decides: (a) to make a methodology determination; or (b) not to make a methodology determination; the Minister must: (c) cause a copy of any advice given by the Nature Repair Committee under subsection 54(2) in relation to the determination to be published on the Department’s website; and (d) do so as soon as practicable after making the decision. Biodiversity integrity standards (5) The Minister must not make a methodology determination unless the Minister is satisfied that the methodology determination complies with the biodiversity integrity standards. Statement of reasons (6) If the Minister decides to make a methodology determination, the Minister must: (a) prepare a written statement of reasons for the decision; and (b) do so as soon as practicable after making the decision. (7) If the Minister prepares a statement of reasons under subsection (6), the Minister must: (a) cause a copy of the statement of reasons to be published on the Department’s website; and (b) do so as soon as practicable after the statement of reasons is prepared. Variation and amendment etc. of methodology determination (8) Subsection 33(3) of the Acts Interpretation Act 1901 does not apply to a methodology determination.

Note: For variation and revocation of a methodology determination, see Subdivisions B and C of this Division.