48Variation of methodology determinations

48 Variation of methodology determinations

(1) The Minister may, by legislative instrument, vary a methodology determination. (2) In deciding whether to vary a methodology determination, the Minister: (a) must have regard to the following: (i) whether the varied 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 varying 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 varied determination covers; (ii) such other matters (if any) as the Minister considers relevant. Advice given by the Nature Repair Committee (3) Before varying a methodology determination, the Minister must request the Nature Repair Committee to advise the Minister about whether the Minister should vary the determination.

Note 1: The Nature Repair Committee must have regard to certain matters in giving advice to the Minister (see section 54).

Note 2: For variations of a minor nature, see subsection (9) of this section.

(4) The Minister must not vary a methodology determination unless: (a) the Nature Repair Committee has given the Minister advice under subsection 54(2) in relation to the variation of the determination; and (b) that advice includes a statement to the effect that the Committee is satisfied that the varied determination complies with the biodiversity integrity standards. (5) If the Minister decides: (a) to vary a methodology determination; or (b) not to vary 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 variation of 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 (6) The Minister must not vary a methodology determination unless the Minister is satisfied that the varied methodology determination complies with the biodiversity integrity standards. Statement of reasons (7) If the Minister decides to vary 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. (8) If the Minister prepares a statement of reasons under subsection (7), 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. Variations of a minor nature (9) Subsections (3), (4), (5) and (7) do not apply in relation to a variation if the variation is of a minor nature.