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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 369

Resolving disagreements between Director and Board in planning process

  (1)   The Director and the Board for a Commonwealth reserve must inform the Minister if they cannot agree on:

  (a)   the content of a management plan they are preparing for the reserve; or

  (b)   any changes to be made following comment made in response to an invitation to comment on a draft management plan for the reserve; or

  (c)   whether the Director should give a management plan for the reserve to the Minister for approval (either initially or after the Minister has given the plan back to the Director with suggestions under paragraph   370(3)(b)).

  (2)   If the Minister is advised by the Director and a Board of a disagreement, the Minister must take the steps the Minister thinks fit to resolve the disagreement.

  (3)   If the Minister cannot resolve the disagreement, the Minister must appoint as an arbitrator to inquire into the matter a person whom the Minister thinks is suitably qualified and in a position to deal with the matter impartially.

  (4)   The appointed arbitrator must inquire into the matter and give the Minister a report and recommendations.

  (5)   After the Minister receives the report and recommendations, he or she must give the Director and the Board:

  (a)   the directions the Minister thinks appropriate; and

  (b)   a statement of reasons for giving the directions; and

  (c)   a copy of the report and recommendations.

  (6)   The Director and the Board must comply with any directions given by the Minister.


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