ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (STANDARDS AND ASSURANCE) BILL 2021

2019-2020-2021

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Environment Protection and Biodiversity

Conservation Amendment (Standards

and Assurance) Bill 2021

No. , 2021

(Environment)

A Bill for an Act to amend the

Environment

Protection and Biodiversity Conservation Act 1999

and for related purposes

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 2

Schedule 1--National environmental standards

Part 1--Main amendments

Environment Protection and Biodiversity Conservation Act 1999

Part 2--Contingent amendments

Environment Protection and Biodiversity Conservation Act 1999

Schedule 2--Environment Assurance Commissioner

Environment Protection and Biodiversity Conservation Act 1999

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

A Bill for an Act to amend the

Environment

Protection and Biodiversity Conservation Act 1999

and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Environment Protection and Biodiversity

Conservation Amendment (Standards and Assurance) Act 2021

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

No. , 2021

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

Part 1

The day after this Act receives the Royal

Assent.

3. Schedule 1,

Part 2

The later of:

(a) immediately after the commencement of

the provisions covered by table item 2;

and

(b) immediately after the commencement of

item 2 of Schedule 5 to the

Environment

Protection and Biodiversity

Conservation Amendment (Streamlining

Environmental Approvals) Act 2021

However, the provision does not commence

at all if the event mentioned in paragraph (b)

does not occur.

4. Schedule 2

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

National environmental standards

Schedule 1

Main amendments

Part 1

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

Schedule 1--National environmental

standards

Part 1--Main amendments

Environment Protection and Biodiversity Conservation Act

1999

1 After paragraph 46(3)(a)

Insert:

(aa) if there are one or more national environmental standards--

the management arrangement or authorisation process is not

inconsistent with those standards; and

2 Subsection 47(2)

Repeal the subsection, substitute:

Prerequisite to declaration

(2) The Minister may enter into a bilateral agreement declaring that

actions assessed in a specified manner need not be assessed under

Part 8 only if the Minister is satisfied that:

(a) assessment of an action in the specified manner will include

assessment of the impacts the action has or will have, or is

likely to have, on each matter protected by a provision of

Part 3; and

(b) if there are one or more national environmental standards--

assessment of an action in the specified manner will not be

inconsistent with those standards.

3 After subsection 48A(3)

Insert:

National environmental standards

(3A) A bilateral agreement with a State or self-governing Territory

including a declaration that is described in section 46 does not have

effect for the purposes of this Act unless the agreement includes a

Schedule 1

National environmental standards

Part 1

Main amendments

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

No. , 2021

provision that, if there are one or more national environmental

standards, the following decisions will not be inconsistent with

those standards:

(a) decisions approving the taking of actions in accordance with

the bilaterally accredited management arrangement

concerned;

(b) decisions approving the taking of actions in accordance with

the bilaterally accredited authorisation process concerned.

4 At the end of subsection 58(1)

Add:

; or (c) if the agreement includes a declaration described in

section 46--has given effect, or will give effect, to the

agreement in a way that is inconsistent with a national

environmental standard.

5 After subsection 59(1)

Insert:

(1A) If:

(a) the consultation occurs because paragraph 58(1)(c) applies;

and

(b) after the consultation, the Environment Minister is satisfied

that the State or Territory has given effect, or will give effect,

to the agreement in a way that is inconsistent with a national

environmental standard;

the Environment Minister may give the appropriate Minister of the

State or Territory a written notice described in subsection (2) or

(3).

6 After Chapter 3

Insert:

National environmental standards

Schedule 1

Main amendments

Part 1

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

Chapter 3A--National environmental

standards

Part 5A--National environmental standards

Division 1--Introduction

65B Simplified outline of this Part

The Minister may make national environmental standards. There

are to be regular reviews of the standards.

Certain decisions or things under this Act must not be inconsistent

with a standard. There are exceptions for decisions made or things

done in the public interest.

Division 2--National environmental standards

65C Making national environmental standards

(1) The Minister may, by legislative instrument, make standards for

the purposes of this Act.

Note:

Certain decisions or things under this Act must not be inconsistent

with the standards: see Division 3.

Commencement of standards

(2) A standard commences on the day specified in the standard, which

must be at least 1 month, but not more than 6 months, after the day

on which the standard is made.

No disallowance of first standards

(3) Section 42 (disallowance) of the

Legislation Act 2003

does not

apply to each of the first standards made under this section in

relation to a particular matter.

Schedule 1

National environmental standards

Part 1

Main amendments

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

No. , 2021

Incorporation of other instruments

(4) Despite subsection 14(2) of the

Legislation Act 2003

, a standard

under this section may make provision in relation to a matter by

applying, adopting or incorporating, with or without modification,

any matter contained in an instrument or other writing:

(a) as in force or existing at a particular time; or

(b) as in force or existing from time to time;

even if the instrument or other writing does not yet exist when the

standard is made.

65D Varying and revoking national environmental standards

(1) The Minister may, by legislative instrument, vary or revoke a

national environmental standard.

(2) A variation commences on the day specified in the variation, which

must be not more than 6 months after the day on which the

variation is made.

Incorporation of other instruments

(3) Despite subsection 14(2) of the

Legislation Act 2003

, a variation

under this section may make provision in relation to a matter by

applying, adopting or incorporating, with or without modification,

any matter contained in an instrument or other writing:

(a) as in force or existing at a particular time; or

(b) as in force or existing from time to time;

even if the instrument or other writing does not yet exist when the

variation is made.

65E Standards etc. may deal with transitional arrangements

(1) A national environmental standard made under section 65C, or a

variation under section 65D of such a standard, may specify the

circumstances in which the standard or variation does not apply in

relation to a decision or thing covered by subsection 65H(1).

(2) Without limiting subsection (1), the circumstances may relate to

one or more processes begun before the commencement of the

standard or variation.

National environmental standards

Schedule 1

Main amendments

Part 1

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

65F Notifying States and Territories of national environmental

standards

(1) If the Minister (the

Environment Minister

) makes, varies or

revokes a national environmental standard, the Environment

Minister must notify, in writing, the appropriate Minister of a State

or Territory that is party to a bilateral agreement of the making,

variation or revocation.

(2) For the making or variation of a national environmental standard,

the notification must request that the appropriate Minister of the

State or Territory advise, in writing, the Environment Minister of

whether:

(a) any bilaterally accredited management arrangement, or any

bilaterally accredited authorisation process, for the purposes

of the agreement is inconsistent with the standard or the

standard as varied; and

(b) any assessment of an action, covered by a declaration

referred to in subsection 47(1), in the manner specified in the

agreement will be inconsistent with the standard or the

standard as varied.

(3) Subsection (2) does not apply in relation to a variation of a national

environmental standard if the Environment Minister is satisfied

that the variation is minor.

65G Reviews of national environmental standards

(1) The Minister must cause reviews to be undertaken of each national

environmental standard.

Timing of reviews

(2) The first review must be undertaken within 2 years of the standard

commencing.

(3) Later reviews must be undertaken at intervals of not more than 5

years.

Schedule 1

National environmental standards

Part 1

Main amendments

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

No. , 2021

Report

(4) The persons undertaking the review must give the Minister a

written report of the review.

Publication

(5) The Minister must cause the report to be published on the

Department's website as soon as practicable after the report is

given to the Minister.

Division 3--Requirements for decisions or things under

this Act

65H Requirements for decisions or things under this Act

(1) Subject to this Part, a person making a decision, or doing a thing,

under this Act, being a decision or thing that is determined in an

instrument under subsection (4), must be satisfied that the decision

or thing is not inconsistent with a national environmental standard.

(2) In considering whether the decision or thing is not inconsistent

with a national environmental standard, the person may take into

account the following matters:

(a) policies, plans or programs of the Commonwealth, a State or

self-governing Territory;

(b) funding by the Commonwealth, a State or self-governing

Territory of activities related to the environment;

Territory of activities related to the promotion, protection or

conservation of heritage.

(3) Subsection (2) does not limit the matters the person may take into

account.

(4) The Minister may, by legislative instrument, determine a decision

or thing for the purposes of subsection (1).

National environmental standards

Schedule 1

Main amendments

Part 1

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

Transitional arrangements

(5) An instrument under subsection (4) may specify the circumstances

in which subsection (1) does not apply in relation to the making of

the decision or the doing of the thing.

(6) Without limiting subsection (5), the circumstances may relate to

one or more processes begun before the commencement of the

instrument.

Exception--public interest

(7) Subsection (1) does not apply to the making of a decision, or the

doing of a thing, by the Minister if:

(a) the decision or thing is determined in an instrument under

subsection (8); and

(b) the Minister is satisfied that the decision or thing is in the

public interest.

(8) The Minister may, by legislative instrument, determine a decision

or thing for the purposes of paragraph (7)(a).

(9) If subsection (1) does not apply to the making of a decision, or the

doing of a thing, because of subsection (7), the Minister must, as

soon as practicable after making the decision or doing the thing,

cause a statement to be published on the Department's website

setting out the reasons why the Minister is satisfied that the

decision or thing is in the public interest.

7 Section 528

Insert:

national environmental standard

means a standard in force under

Part 5A.

8 Application provisions

(1)

Paragraph 46(3)(aa) of the

Environment Protection and Biodiversity

Conservation Act 1999

, as inserted by this Part, applies in relation to the

accreditation of a management arrangement or an authorisation process

on or after the commencement of this item, whether the bilateral

agreement was entered into before, on or after that commencement.

Schedule 1

National environmental standards

Part 1

Main amendments

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

No. , 2021

(2)

The repeal and substitution of subsection 47(2) of the

Environment

Protection and Biodiversity Conservation Act 1999

made by this Part

applies in relation to a bilateral agreement entered into on or after the

commencement of this item.

(3)

Subsection 48A(3A) of the

Environment Protection and Biodiversity

Conservation Act 1999

, as inserted by this Part, applies in relation to a

bilateral agreement entered into on or after the commencement of this

item.

(4)

The amendment of subsection 58(1) of the

Environment Protection and

Biodiversity Conservation Act 1999

made by this Part applies in relation

to a bilateral agreement entered into before, on or after the

commencement of this item.

(5)

Subsection 59(1A) of the

Environment Protection and Biodiversity

Conservation Act 1999

, as inserted by this Part, applies in relation to a

bilateral agreement entered into before, on or after the commencement

of this item.

(6)

Subsection 65H(1) of the

Environment Protection and Biodiversity

Conservation Act 1999

, as inserted by this Part, applies in relation to a

decision made, or thing done, on or after the commencement of this

item.

(7)

Subitem (6) has effect subject to section 65E and subsection 65H(5) of

the

Environment Protection and Biodiversity Conservation Act 1999

, as

inserted by this Part

National environmental standards

Schedule 1

Contingent amendments

Part 2

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

Part 2--Contingent amendments

Environment Protection and Biodiversity Conservation Act

1999

9 Paragraph 46(3)(aa)

After "standards--", insert "the Minister is satisfied that".

Schedule 2

Environment Assurance Commissioner

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

No. , 2021

Schedule 2--Environment Assurance

Commissioner

Environment Protection and Biodiversity Conservation Act

1999

1 After Part 18

Insert:

Part 18A--Environment Assurance Commissioner

Division 1--Simplified outline of this Part

501A Simplified outline of this Part

There is to be an Environment Assurance Commissioner.

The Commissioner has the main functions of:

(a)

monitoring or auditing (or both) the operation of

bilateral agreements; and

(b)

monitoring or auditing (or both) various processes under

Chapter 4 of this Act (about environmental assessments

and approvals); and

(c)

monitoring or auditing (or both) the actions taken to

monitor compliance with Parts 3, 7 and 9.

The Commissioner must finalise work plans for each financial year

setting out the priorities for the Commissioner for that year.

Division 2--Establishment and functions of Environment

Assurance Commissioner

501B Environment Assurance Commissioner

There is to be an Environment Assurance Commissioner.

Environment Assurance Commissioner

Schedule 2

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

501C Environment Assurance Commissioner's functions

(1) The Environment Assurance Commissioner has the following

functions:

(a) to monitor or audit (or both) the operation of bilateral

agreements;

(b) to monitor or audit (or both) the processes under this Act in

relation to one or more of the following:

(i) the making of decisions under Part 7 about whether

actions are controlled actions;

(ii) the assessment under Part 8 of the relevant impacts of

controlled actions;

(iii) the approval under Part 9 of the taking of controlled

actions;

(iv) the assessment under Division 1 of Part 10 of the

impacts of actions and the approval under that Division

of the taking of actions;

(v) the giving of advice under Subdivision A of Division 4

of Part 11 in relation to proposals to give authorisations

of actions;

compliance with Parts 3, 7 and 9;

(d) to prepare reports on audits referred to in paragraph (a), (b)

or (c);

(e) any other functions conferred by this Part;

(f) any other functions prescribed by the regulations;

(g) to do anything incidental to, or conducive to, the performance

of the above functions.

Publication of audit report

(2) The Environment Assurance Commissioner must publish each

audit report on the internet within 30 business days of the

Commissioner completing the report.

Limitation

(3) This section does not permit the Environment Assurance

Commissioner to monitor or audit a single decision.

Schedule 2

Environment Assurance Commissioner

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

No. , 2021

Note:

Monitoring or auditing under this section must be more general.

Request for assistance

(4) The Environment Assurance Commissioner may, in performing the

Commissioner's functions, request a person to provide information

or documents, or answer questions, if the Commissioner

reasonably believes that the person has information or documents

relevant to the performance of those functions.

Division 3--Appointment of Environment Assurance

Commissioner and terms and conditions

501D Appointment

(1) The Environment Assurance Commissioner is to be appointed by

the Governor-General by written instrument, on a full-time basis or

a part-time basis.

Note:

The Environment Assurance Commissioner may be reappointed: see

section 33AA of the

Acts Interpretation Act 1901

(2) The Environment Assurance Commissioner holds office for the

period specified in the instrument of appointment. The period must

not exceed 5 years.

(3) A person is not eligible for appointment as the Environment

Assurance Commissioner unless the Minister is satisfied that:

(a) the person has a high level of expertise in one or more fields

relevant to the Commissioner's functions; and

(b) the person does not have any interests, pecuniary or

otherwise, that conflict or could conflict with the proper

performance of the Commissioner's functions.

(4) A person cannot be appointed as the Environment Assurance

Commissioner for more than 2 terms.

501E Acting appointments

The Minister may, by written instrument, appoint a person to act as

the Environment Assurance Commissioner:

Environment Assurance Commissioner

Schedule 2

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

(a) during a vacancy in the office of the Commissioner (whether

or not an appointment has previously been made to the

office); or

(b) during any period, or during all periods, when the

Commissioner:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

Note:

For rules that apply to acting appointments, see sections 33AB and

33A of the

Acts Interpretation Act 1901

501F Remuneration

(1) The Environment Assurance Commissioner is to be paid the

remuneration that is determined by the Remuneration Tribunal. If

no determination of that remuneration by the Tribunal is in

operation, the Commissioner is to be paid the remuneration that is

prescribed by the instrument under subsection (4).

(2) The Environment Assurance Commissioner is to be paid the

allowances that are prescribed by the instrument under

subsection (4).

(3) This section has effect subject to the

Remuneration Tribunal Act

1973

(4) The Minister may, by legislative instrument, prescribe:

(a) remuneration for the purposes of subsection (1); and

(b) allowances for the purposes of subsection (2).

501G Leave of absence

Full-time appointment

(1) If the Environment Assurance Commissioner is appointed on a

full-time basis:

(a) the Commissioner has the recreation leave entitlements that

are determined by the Remuneration Tribunal; and

Schedule 2

Environment Assurance Commissioner

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

No. , 2021

(b) the Minister may grant the Commissioner leave of absence,

other than recreation leave, on the terms and conditions as to

remuneration or otherwise that the Minister determines.

Part-time appointment

(2) If the Environment Assurance Commissioner is appointed on a

part-time basis, the Minister may grant the Commissioner leave of

absence on the terms and conditions that the Minister determines.

501H Other paid work

Full-time appointment

(1) If the Environment Assurance Commissioner is appointed on a

full-time basis, the Commissioner must not engage in paid work

outside the duties of the Commissioner's office without the

Minister's approval.

Part-time appointment

(2) If the Environment Assurance Commissioner is appointed on a

part-time basis, the Commissioner must not engage in any paid

work that, in the Minister's opinion, conflicts or could conflict with

the proper performance of the Commissioner's functions.

501J Disclosure of interests

The Environment Assurance Commissioner must give written

notice to the Minister of all interests, pecuniary or otherwise, that

the Commissioner has or acquires and that conflict or could

conflict with the proper performance of the Commissioner's

functions.

501K Resignation

(1) The Environment Assurance Commissioner may resign the

Commissioner's appointment by giving the Governor-General a

written resignation.

Environment Assurance Commissioner

Schedule 2

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

(2) The resignation takes effect on the day it is received by the

Governor-General or, if a later day is specified in the resignation,

on that later day.

501L Termination of appointment

(1) The Governor-General may terminate the appointment of the

Environment Assurance Commissioner:

(a) for misbehaviour; or

(b) if the Commissioner is unable to perform the duties of the

Commissioner's office because of physical or mental

incapacity.

(2) The Governor-General may terminate the appointment of the

Environment Assurance Commissioner if:

(a) the Commissioner:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with the Commissioner's creditors; or

(iv) makes an assignment of the Commissioner's

remuneration for the benefit of the Commissioner's

creditors; or

(b) if the Commissioner is appointed on a full-time basis:

(i) the Commissioner is absent, except on leave of absence,

for 14 consecutive days or for 28 days in any 12

months; or

(ii) the Commissioner engages, except with the Minister's

approval, in paid work outside the duties of the

Commissioner's office (see subsection 501H(1)); or

Commissioner engages in paid work that, in the Minister's

opinion, conflicts or could conflict with the proper

performance of the Commissioner's functions (see

subsection 501H(2)); or

(d) the Commissioner fails, without reasonable excuse, to

comply with section 501J.

Schedule 2

Environment Assurance Commissioner

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

No. , 2021

501M Other terms and conditions

The Environment Assurance Commissioner holds office on the

terms and conditions (if any) in relation to matters not covered by

this Part that are determined by the Minister.

501N Application of the finance law

(1) For the purposes of the finance law (within the meaning of the

Public Governance, Performance and Accountability Act 2013

the Environment Assurance Commissioner is an official (within the

meaning of that Act) of the Department.

Note:

The Commissioner's responsibilities as an official under the finance

law include duties in relation to exercising due care and diligence,

acting in good faith and for a proper purpose and not improperly using

information or position (see Division 3 of Part 2-2 of the

Public

Governance, Performance and Accountability Act 2013

(2) However, section 29 of the

Public Governance, Performance and

Accountability Act 2013

(which deals with the duty to disclose

interests) does not apply to the Environment Assurance

Commissioner.

Note:

Section 29 of that Act does not apply to the Commissioner because the

duty is instead imposed on the Commissioner under section 501J of

this Act.

Division 4--Annual work plans

501P Annual work plans

Minister's statement of expectations

(1) The Minister must, as soon as practicable before the start of each

financial year, give the Environment Assurance Commissioner a

written statement of expectations for that year.

Commissioner to prepare work plan

(2) The Environment Assurance Commissioner must prepare and give

to the Minister a written work plan for that year. The plan must set

out the priorities for the Commissioner for that year.

Environment Assurance Commissioner

Schedule 2

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

(3) The Environment Assurance Commissioner must have regard to

the Minister's statement in preparing that plan. This subsection

does not limit the matters to which the Commissioner may have

regard.

Minister's response

(4) The Minister must:

(a) inform the Environment Assurance Commissioner, in

writing, that the Minister agrees with the plan; or

(b) request the Environment Assurance Commissioner, in

writing, to make changes to the plan and include with the

request the reasons for the request.

Commissioner to finalise plan

(5) The Environment Assurance Commissioner must finalise the plan

after receiving the Minister's response under subsection (4) and

after having regard to any changes the Minister requests.

Commissioner to give Minister copy of plan

(6) The Environment Assurance Commissioner must give the Minister

a copy of the finalised work plan as soon as practicable after the

Commissioner finalises the plan.

Publication

(7) The Environment Assurance Commissioner must publish the

following on the internet:

(a) the finalised work plan;

(b) the statement of expectations;

request.

The Commissioner must do this as soon as practicable after the

Commissioner finalises the plan.

Plan and statement of expectations are not legislative instruments

(8) The following are not legislative instruments:

(a) the finalised work plan;

Schedule 2

Environment Assurance Commissioner

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

No. , 2021

(b) the statement of expectations.

501Q Variation of work plans

(1) The Environment Assurance Commissioner may, in writing, vary a

work plan.

(2) The Environment Assurance Commissioner must give the Minister

a copy of the varied work plan.

Publication

(3) The Environment Assurance Commissioner must publish the

varied work plan on the internet as soon as practicable after the

variation.

Variation is not a legislative instrument

(4) A variation under subsection (1) is not a legislative instrument.

Division 5--Other matters

501R Commissioner not subject to directions by Minister

The Environment Assurance Commissioner is not subject to the

directions of the Minister in relation to the Commissioner

performing the Commissioner's functions.

501S Minister may request the Commissioner to perform functions

Minister's request

(1) The Minister may, in writing, request the Environment Assurance

Commissioner to perform the Commissioner's functions covered

by one or more of paragraphs 501C(1)(a), (b), (c) and (d) in

relation to a matter specified in the request.

(2) The Minister must include with the request the reasons for the

request.

Environment Assurance Commissioner

Schedule 2

No. , 2021

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

Environment Assurance Commissioner's decision

(3) The Environment Assurance Commissioner must agree, or refuse

to agree, to the request.

(4) The Environment Assurance Commissioner must inform the

Minister, in writing, of the Commissioner's decision on the request

and the reasons for the decision.

Publication

(5) The Environment Assurance Commissioner must publish the

following on the internet:

(a) the Minister's request and the reasons for the request;

(b) the Commissioner's decision on the request and the reasons

for the decision.

The Commissioner must do this within 30 business days of the

Commissioner's decision on the request.

501T Assistance from APS employees

The Secretary may make the services of APS employees in the

Department available for the purposes of assisting the Environment

Assurance Commissioner perform the Commissioner's functions.

501U Disclosure of information or provision of documents

(1) The Environment Assurance Commissioner may disclose

information, or provide a document, the Commissioner obtains in

the course of performing the Commissioner's functions to:

(a) the Minister; or

(b) the Secretary; or

(d) a member of a committee established under Part 19 if the

Commissioner is satisfied that the information or document

will assist the committee to perform its functions; or

(e) a member of the Australian Heritage Council if the

Commissioner is satisfied that the information or document

will assist the Council to perform its functions; or

Schedule 2

Environment Assurance Commissioner

Environment Protection and Biodiversity Conservation Amendment

(Standards and Assurance) Bill 2021

No. , 2021

(f) any other person or body prescribed by the regulations for the

purpose prescribed by the regulations.

(2) The information disclosed may be personal information (within the

meaning of the

Privacy Act 1988

) or the document provided may

contain personal information (within the meaning of that Act).

501V Annual report

(1) The Environment Assurance Commissioner must for each financial

year:

(a) prepare and give to the Minister, for presentation to the

Parliament, a report about the Commissioner's activities

during that year; or

(b) prepare and give to the Minister a report about the

Commissioner's activities during that year, for inclusion in a

report (the

overall report

) prepared in relation to the

Department and given

to the Minister under section 46 of the

Public Governance, Performance and Accountability Act

2013

Note:

Commonwealth of Australia Bills

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (STANDARDS AND ASSURANCE) BILL 2021