Document ID: chunk:federal_register_of_legislation:C2024C00514:section:48
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 48
Character Range: 110720–113585

48  Variation of methodology determinations
 (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.