Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 194F

Nominations in relation to first assessment period

  (1)   Within 30 business days after the cut - off date specified in the notice under subsection   194E(1) for the first assessment period, the Minister must give the Scientific Committee the nominations that the Minister:

  (a)   had received before the end of that cut - off date; and

  (b)   had not already forwarded to the Scientific Committee, under section   191 (as in force before the commencement of this section), to assess; and

  (c)   had not already rejected under section   191 (as in force before the commencement of this section); and

  (d)   does not reject under subsection   (3).

Nominations in relation to later assessment periods

  (2)   Within 30 business days after the cut - off date (the current cut - off date ) specified in the notice under subsection   194E(1) for an assessment period (other than the first) for a Subdivision   A List, the Minister must give the Scientific Committee the nominations that were received by the Minister in the period:

  (a)   starting immediately after the end of the cut - off date specified in the notice under subsection   194E(1) for the immediately preceding assessment period for the Subdivision   A List; and

  (b)   ending at the end of the current cut - off date for the Subdivision   A List;

other than any such nominations that the Minister has rejected under subsection   (3).

Minister may reject nominations

  (3)   The Minister may, in writing, reject a nomination if the Minister considers that:

  (a)   the nomination is vexatious, frivolous or not made in good faith; or

  (b)   the Minister considers that regulations referred to in paragraph   194E(3)(b) or (c) have not been complied with in relation to the nomination.

  (4)   If a nomination is rejected under paragraph   (3)(b), the Minister must, if practicable, notify the person who made the nomination of the rejection of the nomination and the reason for the rejection.

Definition

  (5)   In this section:

"nomination" means a nomination of an item for inclusion in a Subdivision   A List.