Environment Protection and Biodiversity Conservation Act 1999

The Australian Heritage Council may, at any time before an assessment in relation to a place is given to the Minister under section 324JH, recommend to the Minister that the assessment of the place under this Subdivision be discontinued.

A recommendation made under subsection (1) must:

be in writing; and

set out the Council’s reasons for recommending that the assessment of the place be discontinued.

The Minister must consider the recommendation and may, if the Minister considers it appropriate to do so, direct the Council to discontinue the assessment of the place.

If the Minister does not give a direction under subsection (3) within 3 months after being given the Council’s recommendation, the Council must continue with the assessment of the place.

The Minister may, on the Minister’s own initiative, if the Minister considers it appropriate to do so, direct the Council to discontinue the assessment of a place under this Subdivision at any time before an assessment of the place is given to the Minister under section 324JH.

In deciding whether to make a direction under this section, the Minister may request the Council to provide any of the following:

any comments received by the Council in response to the notice under subsection 324JG(1) in relation to the place;

any other information relevant to the Minister’s decision that the Minister reasonably believes the Council can provide.

In deciding whether to make a direction, the Minister may request any person to provide any information relevant to the Minister’s decision that the Minister reasonably believes the person can provide.

If the Minister, under this section, directs the Council to discontinue the assessment of a place, the Minister must, as soon as practicable:

give the Council a copy of the direction; and

publish a copy of the direction, and the Minister’s reasons for making it, on the Department’s website.

If the Minister makes a direction under this section in relation to a place, the place is taken to be no longer included in the finalised priority assessment list.

A direction given under subsection (3) or (5) is not a legislative instrument.