Section 364 — Environment Protection and Biodiversity Conservation Act 1999: Resolving disagreement between Director and Board over implementation of plan

(1) The Director must inform the Minister if the Director believes that: (a) a decision of a Board for a Commonwealth reserve is likely to be substantially detrimental to the good management of the reserve; or (b) a decision of a Board for a Commonwealth reserve is contrary to: (i) a management plan in operation for the reserve; or (ii) if a management plan for the reserve has ceased to be in operation, and no further management plan for the reserve has yet come into operation—the most recent management plan that was in operation for the reserve. (2) The Minister must take the steps he or she thinks fit to resolve the matter. (3) If the Minister cannot resolve the matter, 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 person appointed 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.