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Report on the operation of the Environment Protection and Biodiversity Conservation Act 1999

Covering the period 16 July 2000 to 30 June 2001
Environment Australia, 2001
ISBN 0 6425 4770 X

Appendix 4: Compliance with timeframes in the Act

The Act contains specific timeframes within which decisions must be made. Sub-section 518(2) of the Act states:

  1. If, during a financial year, one or more things required to be done under this Act or the regulations was not done within the period required by this Act or the regulations, the Minister must:
    1. cause to be prepared a statement setting out the reasons why each of those things was not done within the period required by this Act or the regulations; and
    2. cause a copy of the statement to be laid before each House of the Parliament as soon as practicable after the end of the financial year.

Things that were not done within the period required by the Act or Regulations are identified below. The reasons are provided in the body of this report.

Table 15. Things not done within the period required by the act or regulations
Section of Act
Page reference in report
Sub-section 75(5) - Decision by Minister on whether proposed action needs approval
9
Sub-section 77(4) - Minister providing reasons for the decision
9
Section 88 - Decision by Minister on assessment approach
12
Sub-section 95(1) - Preparation of assessment report by Secretary
12
Sub-section 97(1) - Preparation of guidelines for draft Public Environment Report by Minister
12
Sub-section 130(1) - Decision by Minister on approval
12
Sub-section 158(2) - Decision by Minister on whether to grant exemption
10
Section 170A - Publication by Secretary of information relating to assessments
14
Sub-section 189(5) - Decision by Minister on whether to amend list of threatened species and ecological communities and key threatening processes
17
Section 273(1) - Ensuring recovery plan is in force for a listed threatened species or listed threatened ecological community occurring only in Commonwealth areas
18
Sub-section 370(3) - Approval of management plan for Commonwealth reserve by Minister
Not included in this report. Four plans were approved; one (Ningaloo Marine Park) not within the statutory timeframe as the Minister required further information.
Report on the operation of the Environment Protection and Biodiversity Conservation Act 1999