Environment Protection and Biodiversity Conservation Act 1999

Before varying or revoking a national environmental standard, the Minister must be satisfied that the variation or revocation:

does not reduce protections of the environment; and

does not reduce the likelihood that environmental data or information provided to the Minister, Secretary, Department or a Commonwealth agency under this Act or the regulations is appropriate, including as to quality, for the purposes for which it is provided; and

does not reduce the likelihood that appropriate consultation or engagement (including with Indigenous persons) will occur under the Act;

does not reduce the likelihood that outcomes or objectives specified in the standard will be achieved;

meets the prescribed requirements (if any).

In deciding whether the Minister is satisfied for the purposes of subsection (1), the Minister is not required to have regard to the content of any instrument or other writing applied, adopted or incorporated for the purposes of making provision in the national environmental standard in relation to a matter.

In deciding whether the Minister is satisfied for the purposes of subsection (1), the Minister may take into account protections or requirements under any of the following:

this Act or another law of the Commonwealth;

a law of a State or a self‑governing Territory;

another national environmental standard in force or proposed to be made.

Subsection (1) does not apply in relation to a variation or revocation of a national environmental standard within 18 months of the standard being made.