Section 146DH — Environment Protection and Biodiversity Conservation Act 1999: Request to approve minor variation of a policy, plan or program

(1) If a policy, plan or program has been endorsed by the Minister in accordance with an agreement as mentioned in paragraph 146(2)(f), the responsible person for the policy, plan or program may, in writing, request the Minister to approve a minor variation of the policy, plan or program. Note: For responsible person, see section 528. Content of request (2) The request: (a) must include details of the proposed variation; and (b) must include the reasons for the request; and (c) must include the reasons why the responsible person considers the proposed variation is minor; and (d) may include any other matters the responsible person considers appropriate. When a variation is minor (3) For the purposes of this Subdivision, a variation of a policy, plan or program is minor if: (a) the adverse impacts (if any) on matters protected by a provision of Part 3 of actions under the policy, plan or program, as proposed to be varied, would not be greater than the adverse impacts on those matters of actions under the policy, plan or program as in force at the time of the request; and (b) the measures in the policy, plan or program, as proposed to be varied, to mitigate, repair, or compensate for, damage to matters protected by a provision of Part 3 would not be reduced as compared with such measures in the policy, plan or program as in force at the time of the request. (4) For the purposes of paragraph (3)(a), disregard any proposed compensation for damage caused by impacts to matters protected by a provision of Part 3.