61Procedure for varying a biodiversity assessment instrument

61 Procedure for varying a biodiversity assessment instrument

(1) In deciding whether to vary 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 varying 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 varying a biodiversity assessment instrument, the Minister must request the Nature Repair Committee to advise the Minister about whether the Minister should vary the instrument.

Note 1: The Nature Repair Committee must have regard to certain matters in giving advice to the Minister (see section 64).

Note 2: For variations of a minor nature, see subsection (7) of this section.

(3) The Minister must not vary a biodiversity assessment instrument unless: (a) the Nature Repair Committee has given the Minister advice in relation to the varying of the instrument; and (b) if the biodiversity assessment instrument applies generally—that advice includes a statement to the effect that the Nature Repair Committee is satisfied that the varied 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 specified class of methodology determinations—that advice includes a statement to the effect that the Nature Repair Committee is satisfied that the varied 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 vary a biodiversity assessment instrument; or (b) not to vary a biodiversity assessment instrument; the Minister must: (c) cause a copy of any advice given by the Biodiversity Market Committee under subsection 64(2) in relation to varying 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 vary 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. Variations of a minor nature (7) Subsections (2), (3), (4) and (5) do not apply in relation to a variation if the variation is of a minor nature.