In this guide
Referral to Parliament
If the Minister decides to adopt the Code Amendment it is then referred to the Environment Resources and Development Committee (ERDC) in parliament.
In this case, the Code Amendment must also be accompanied by a Parliamentary Report from the Commission which sets out the reason for the Code Amendment, provides information and evaluation of the engagement undertaken for the Code Amendment and an assessment against the principles of the Community Engagement Charter, as well as any other material considered relevant by the Commission.
The Code Amendment and the Commission’s Parliamentary Report are referred to the ERDC within 28 Days of the Code Amendment coming into effect.
After receiving the Code Amendment and the Commission’s Parliamentary Report, the ERDC must resolve to:
- not object to the Code Amendment
- suggest amendments to the Code Amendment; or
- object to the Code Amendment.
If no advice is received from the ERDC within 28 days of the referral then it is assumed that there is no objection to the Code Amendment.
In considering the Code Amendment the ERDC may request attendance by the Designated Entity at one of their meetings to present and address any questions on the Code Amendment.
If the ERDC is considering proposing changes to the Code Amendment it must give the relevant council(s) two weeks to provide comment. In these circumstances, another 21 days is added to the ERDC’s referral time.
Amendments suggested by ERDC
If the ERDC resolves to suggest changes to the Code Amendment, the Minister may:
- proceed to make those changes after consulting with the Commission. In this case, the Designated Entity will also be advised of any changes made to the Code Amendment in response to the ERDC’s suggestions
- report back to the ERDC that the Minister is unwilling to make the ERDC’s suggested changes.
If the Minister is unwilling to make changes suggested by the ERDC, and the ERDC decide to continue to object to the Code Amendment, copies of the Code Amendment must be laid before both Houses of Parliament. If either House of Parliament passes a resolution to disallow the Code Amendment, the Code Amendment from that point in time will no longer be in operation. Notice will be published in the Government Gazette and the Code Amendment will be reversed on the online Code.
