54Advice by the Nature Repair Committee

54 Advice by the Nature Repair Committee

Scope (1) This section applies if the Minister requests the Nature Repair Committee: (a) under subsection 47(2), to give advice about whether the Minister should make a methodology determination; or (b) under subsection 48(3), to give advice about whether the Minister should vary a methodology determination; or (c) under subsection 51(2), to give advice about whether the Minister should revoke a methodology determination. Committee to give advice (2) The Nature Repair Committee must give the requested advice to the Minister.

Note: The Committee must undertake public consultation before giving advice about making or varying a methodology determination (see section 56).

(3) If the requested advice relates to whether the Minister should make a methodology determination, the Nature Repair Committee must include the following in the advice: (a) if the Committee is satisfied that the proposed determination complies with the biodiversity integrity standards: (i) a statement to that effect; and (ii) the Committee’s reasons why it is satisfied that the proposed determination complies with the biodiversity integrity standards; and (iii) in a case where a Committee member is not satisfied that the proposed determination complies with the biodiversity integrity standards—the Committee member’s reasons why the Committee member is not so satisfied; (b) if the Committee is not satisfied that the proposed determination complies with the biodiversity integrity standards: (i) a statement to that effect; and (ii) the Committee’s reasons why it is not satisfied that the proposed determination complies with the biodiversity integrity standards; (c) such other information (if any) as is specified in the rules. (4) If the requested advice relates to whether the Minister should vary a methodology determination, the Nature Repair Committee must include the following in the advice: (a) if the Committee is satisfied that the determination as proposed to be varied complies with the biodiversity integrity standards: (i) a statement to that effect; and (ii) the Committee’s reasons why it is satisfied that the determination as proposed to be varied complies with the biodiversity integrity standards; and (iii) in a case where a Committee member is not satisfied that the determination as proposed to be varied complies with the biodiversity integrity standards—the Committee member’s reasons why the Committee member is not so satisfied; (b) if the Committee is not satisfied that the determination as proposed to be varied complies with the biodiversity integrity standards: (i) a statement to that effect; and (ii) the Committee’s reasons why it is not satisfied that the determination as proposed to be varied complies with the biodiversity integrity standards; (c) such other information (if any) as is specified in the rules. (5) If the requested advice relates to whether the Minister should revoke a methodology determination, the Nature Repair Committee must include in the advice: (a) a statement setting out the Committee’s opinion about whether the determination should be revoked; and (b) the Committee’s reasons for the opinion; and (c) such other information (if any) as is specified in the rules. Committee must have regard to certain matters (6) In giving the requested advice to the Minister, the Nature Repair Committee must have regard to the following: (a) the biodiversity integrity standards; (b) any relevant matters specified in a direction in force under section 55; (c) any relevant advice given by the Regulator to the Committee; (d) such other matters (if any) as are specified in the rules. (7) Subsection (6) does not, by implication, limit the matters to which the Nature Repair Committee may have regard.