Environment Protection and Biodiversity Conservation Act 1999

This section applies if:

a bilateral agreement includes the declaration described in subsection 47(1) in relation to actions in a class of actions by reference to a specified manner in which the actions are assessed; and

the agreement is in force.

If the CEO becomes aware that the specified manner in which the actions are assessed for the purposes of the agreement is amended, the CEO must provide advice to the Minister about the agreement and the manner of assessing actions as amended.

The advice:

must include the CEO’s opinion about whether the conditions in paragraphs 47(2)(a) and (b) continue to be met in relation to the manner of assessing actions as amended; and

may include recommendations in relation to the agreement.

Without limitation, recommendations under paragraph (3)(b) may include a recommendation to the Minister on the following:

whether to vary the agreement or suspend or cancel the effect of the agreement, either generally or in relation to actions in a specified class or in relation to a specified provision of Part 3;

whether to make a determination under subsection 56C(2) in relation to the manner of assessing actions as amended.

In deciding whether to vary the agreement, suspend or cancel the effect of the agreement or make a determination under subsection 56C(2) in relation to the manner of assessing actions, the Minister must have regard to any advice received from the CEO in accordance with this section.