Document ID: chunk:federal_register_of_legislation:C2024C00514:section:61:p1
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 61 (pt 1/2)
Character Range: 138968–141852

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