59Procedure for making a biodiversity assessment instrument

59 Procedure for making a biodiversity assessment instrument

(1) In deciding whether to make a biodiversity assessment instrument, the Minister: (a) must have regard to any advice that the Nature Repair Committee has given to the Minister under subsection 64(2) in relation to the making of the instrument; and (b) may have regard to such other matters (if any) as the Minister considers relevant. Advice given by the Nature Repair Committee (2) Before making a biodiversity assessment instrument, the Minister must request the Nature Repair Committee to advise the Minister about whether the Minister should make the instrument.

Note: The Nature Repair Committee must have regard to certain matters in giving advice to the Minister (see section 64).

(3) The Minister must not make a biodiversity assessment instrument unless: (a) the Nature Repair Committee has given the Minister advice in relation to the making of the instrument; and (b) if the instrument applies generally—that advice includes a statement to the effect that the Nature Repair Committee is satisfied that the instrument: (i) is an appropriate means of achieving consistency of methodology determinations; and (ii) would assist in ensuring that methodology determinations comply with the biodiversity integrity standards; and (c) if the instrument applies to a class of methodology determinations—that advice includes a statement to the effect that the Nature Repair Committee is satisfied that the instrument: (i) is an appropriate means of achieving consistency of methodology determinations in that class; and (ii) would assist in ensuring that methodology determinations in that class comply with the biodiversity integrity standards. (4) If the Minister decides: (a) to make a biodiversity assessment instrument; or (b) not to make a biodiversity assessment instrument; the Minister must: (c) cause a copy of any advice given by the Nature Repair Committee under subsection 64(2) in relation to the making of the instrument to be published on the Department’s website; and (d) do so as soon as practicable after making the decision. Statement of reasons (5) If the Minister decides to make a biodiversity assessment instrument, 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. (6) If the Minister prepares a statement of reasons under subsection (5), 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 biodiversity assessment instrument (7) Subsection 33(3) of the Acts Interpretation Act 1901 does not apply to a biodiversity assessment instrument.

Note: For variation and revocation of a biodiversity assessment instrument, see Subdivisions B and C of this Division.