Environment Protection and Biodiversity Conservation Act 1999

If, in relation to a declaration in force under section 33, the Minister reasonably believes that a situation mentioned in subsection (2) exists or will arise, or is satisfied that any requirements prescribed by the regulations for the purposes of this subsection are met, the Minister may, by written instrument:

suspend the declaration for the purposes of this Act, or specified provisions of Part 3 of this Act, either generally or in relation to actions of a specified class, for the specified period; or

vary the declaration so that the declaration no longer has effect for the purposes of this Act, or specified provisions of Part 3 of this Act, either generally or in relation to actions of a specified class; or

revoke the declaration.

The situations are that the body administering a management or authorisation framework that is accredited for the purposes of the declaration:

has not complied with the framework; or

has not given effect to the framework in a way that:

accords with the objects of this Act and the objects of this Part; and

promotes the discharge of Australia’s obligations under any agreement with one or more other countries relevant to a matter covered by the declaration; or

has given effect to the framework in a way that is inconsistent with any national environmental standard prescribed by the regulations for the purposes of paragraph 33(3)(e) or (f); or

has given effect to the framework in a way that has resulted or will result in an unacceptable impact on a matter protected by a provision of Part 3 specified in the declaration; or

See the definition of unacceptable impacts in section 527F.

has given effect to the framework in a way that has resulted or is likely to result in approvals of actions or classes of actions that, assuming the approvals were required to pass the net gain test, would not pass the net gain test in relation to any residual significant impact the action or class of actions has had, will have or is likely to have on a matter protected by a provision of Part 3 specified in the declaration.

See the definitions of residual significant impact and passes the net gain test in sections 527J and 527K.

A variation, revocation or period of suspension takes effect on the day specified in the instrument. The Minister must not specify a day that is earlier than the day that is 10 business days after the day the instrument is made.

For the purposes of paragraph (1)(a), the specified period for a suspension may end:

on a specified day; or

on the occurrence of a specified event.

An instrument made under subsection (1) is not a legislative instrument.