Environment Protection and Biodiversity Conservation Act 1999

If the Minister decides that the relevant impacts of an action must be assessed by inquiry under this Division, the Minister must:

appoint in writing one or more persons (the commissioners) as a commission to conduct the inquiry and report to the Minister in relation to the action; and

specify in writing (the terms of reference):

the matters relating to the action that are to be the subject of the inquiry and report; and

the period within which the commission must report to the Minister.

The Minister may revoke an appointment and amend terms of reference. See subsection 33(3) of the Acts Interpretation Act 1901.

Subdivision E contains more provisions about the basis on which a commissioner holds office.

If the Minister appoints 2 or more commissioners for an inquiry, the Minister must appoint one of them to preside at the inquiry.

In specifying in the terms of reference the matters relating to the action that are to be the subject of the inquiry and report, the Minister:

must specify the relevant impacts of the action; and

if subsection (4) or (4A) applies—may specify other certain or likely impacts of the action.

For the purposes of paragraph (3)(b), the Minister may specify other certain or likely impacts of the action if:

the action is to be taken in a State or self‑governing Territory; and

the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the inquiry reports on those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the action; and

the action:

is to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or

is an action whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.

Paragraph (4)(a) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

For the purposes of paragraph (3)(b), the Minister may specify other certain or likely impacts of the action if:

the referral of the proposal to take the action is, because of section 37AB of the Great Barrier Reef Marine Park Act 1975, taken to be an application for a permission for the purposes of that Act; and

the Great Barrier Reef Marine Park Authority has asked the Minister to ensure that the report includes information about those other impacts for the purposes of deciding whether to grant the permission.

The Minister may also specify in the terms of reference the manner in which the commission is to carry out the inquiry.