Biosecurity Act 1993

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100D Review of plans
  • Reasons for reviews

    (1) The Minister or council must initiate a review of a plan as a whole if—

    • (a) the plan is due to terminate in less than 12 months and the Minister or council proposes to extend the plan's duration; or

    • (b) the plan is due to terminate in less than 12 months and a person submits a proposal to the Minister or council to extend the plan's duration; or

    • (c) the plan was last reviewed as a whole more than 10 years previously.

    (2) The Minister or council may review the whole or part of a plan if the Minister or council has reason to believe—

    • (a) that the plan or part is failing to achieve its objectives; or

    • (b) that relevant circumstances have changed since the plan or part commenced.

    (3) The Minister or council must review a plan or a relevant part of a plan if—

    • (a) circumstances occur that are circumstances in which the national policy direction requires a review to be conducted; or

    • (b) any other requirement of the national policy direction requires a review to be conducted.

    Proposal for review

    (4) A review is initiated by a proposal made by the Minister or council or any other person.

    (5) The proposal—

    • (a) must state whether the proposal is to amend, revoke, revoke and replace, or leave unchanged the plan or part of the plan; and

    • (b) must give reasons for the proposal; and

    • (c) must,—

      • (i) if the proposal is to amend the plan or part of the plan, set out any proposed amendments in full; or

      • (ii) if the proposal is to revoke and replace the plan or part of the plan, set out the replacement plan or part; and

    • (d) must comply with section 61, 70, 81, or 90 to the extent to which the sections are relevant and reading in any necessary modifications; and

    • (e) may propose that a pest or pathway, as appropriate, be added to the plan, whether or not the review is of the whole plan.

    Provisions applying to reviews

    (6) Reviews are conducted under the following sections to the extent to which they are relevant and reading in any necessary modifications:

    Action after review

    (7) Following the review, the Minister or council may approve—

    • (a) the amendment of the plan or part of the plan; or

    • (b) the revocation and replacement of the plan or part of the plan; or

    • (c) the revocation of the plan or part of the plan; or

    • (d) the leaving unchanged of the plan or part of the plan.

    (8) A plan that reaches its termination date during a review that has begun continues in force and its future is determined by the action that the Minister or council approves under subsection (7).

    Consequence of not complying with section

    (9) A plan does not cease to be in force only because it is not reviewed as required by this section.

    Section 100D: inserted, on 18 September 2012, by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).