Commonwealth Consolidated Acts

NATURE REPAIR ACT 2023 - SECT 48

  (1)   The Minister may, by legislative instrument, vary a methodology determination.

  (2)   In deciding whether to vary a methodology determination, the Minister:

  (a)   must have regard to the following:

  (i)   whether the varied determination complies with the biodiversity integrity standards;

  (ii)   any advice that the Nature Repair Committee has given to the Minister under subsection   54(2) in relation to the varying of the determination; and

  (b)   may have regard to the following:

  (i)   whether significant adverse environmental, agricultural, economic, cultural or social impacts are likely to arise from the carrying out of the kind of project that the varied determination covers;

  (ii)   such other matters (if any) as the Minister considers relevant.

Advice given by the Nature Repair Committee

  (3)   Before varying a methodology determination, the Minister must request the Nature Repair Committee to advise the Minister about whether the Minister should vary the determination.

Note 1:   The Nature Repair Committee must have regard to certain matters in giving advice to the Minister (see section   54).

Note 2:   For variations of a minor nature, see subsection   (9) of this section.

  (4)   The Minister must not vary a methodology determination unless:

  (a)   the Nature Repair Committee has given the Minister advice under subsection   54(2) in relation to the variation of the determination; and

  (b)   that advice includes a statement to the effect that the Committee is satisfied that the varied determination complies with the biodiversity integrity standards.

  (5)   If the Minister decides:

  (a)   to vary a methodology determination; or

  (b)   not to vary a methodology determination;

the Minister must:

  (c)   cause a copy of any advice given by the Nature Repair Committee under subsection   54(2) in relation to the variation of the determination to be published on the Department's website; and

  (d)   do so as soon as practicable after making the decision.

Biodiversity integrity standards

  (6)   The Minister must not vary a methodology determination unless the Minister is satisfied that the varied methodology determination complies with the biodiversity integrity standards.

Statement of reasons

  (7)   If the Minister decides to vary a methodology determination, 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.

  (8)   If the Minister prepares a statement of reasons under subsection   (7), 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

  (9)   Subsections   (3), (4), (5) and (7) do not apply in relation to a variation if the variation is of a minor nature.