Commonwealth Consolidated Acts Commonwealth Consolidated ActsOrder
(1) The Minister may, by legislative instrument, order that, if:
(a) an application is made under section 11 during a specified period; and
(b) the application relates to a biodiversity project that is proposed to be covered by a methodology determination specified in the order;
the Regulator must not:
(c) consider the application during that period; or
(d) make a decision on the application during that period.
(2) A period specified in an order under subsection (1):
(a) must start at the commencement of the order; and
(b) must not be longer than 12 months.
(3) The Minister may make an order under subsection (1) that relates to a particular methodology determination only if the Nature Repair Committee has advised the Minister that the Committee is satisfied that there is reasonable evidence that the methodology determination does not comply with one or more of the biodiversity integrity standards.
(4) The Nature Repair Committee may give the Minister advice for the purposes of subsection (3):
(a) on the Committee's own initiative; or
(b) on request by the Minister.
(5) If the Nature Repair Committee gives the Minister advice for the purposes of subsection (3), the Department must publish the advice on the Department's website (whether or not the Minister follows the advice).
(6) To avoid doubt, Subdivisions D (advice about making, varying or revoking methodology determinations) and E (consultation by the Nature Repair Committee) of Division 2 of Part 4 do not apply to advice given by the Committee under subsection (4) of this section.
Compliance with order
(7) The Regulator must comply with an order under subsection (1).
Timing of decision on application
(8) If an application made under section 11 is or was covered by an order under subsection (1) of this section, subsection 15(8) (timing of decision on application) does not apply to the application.