64Advice by the Nature Repair Committee

64 Advice by the Nature Repair Committee

Scope (1) This section applies if the Minister requests the Nature Repair Committee: (a) under subsection 59(2), to give advice about whether the Minister should make a biodiversity assessment instrument; or (b) under subsection 61(2), to give advice about whether the Minister should vary a biodiversity assessment instrument; or (c) under subsection 63(2), to give advice about whether the Minister should revoke a biodiversity assessment instrument. 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 biodiversity assessment instrument (see section 65).

(3) If the requested advice relates to whether the Minister should make a biodiversity assessment instrument, the Nature Repair Committee must include in the advice: (a) if the instrument applies generally—a statement 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 (b) if the instrument applies to a class of methodology determinations—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; and (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 biodiversity assessment instrument, the Nature Repair Committee must include in the advice: (a) a statement to the effect that the Nature Repair Committee is satisfied that the instrument as proposed to be varied: (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 (b) if the instrument as proposed to be varied applies to a class of methodology determinations—a statement to the effect that the Nature Repair Committee is satisfied that the instrument as proposed to be varied: (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; and (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 biodiversity assessment instrument, the Nature Repair Committee must include in the advice: (a) a statement setting out the Committee’s opinion about whether the instrument 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 65A; (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.