Section 505D — Environment Protection and Biodiversity Conservation Act 1999: Functions of the Committee

(1) The Committee has the following functions: (a) within 2 months of a request by the Minister (the Environment Minister)—to provide scientific advice to the Environment Minister in relation to proposed unconventional gas developments or large coal mining developments that are likely to have a significant impact on water resources, including any impacts of associated salt production and/or salinity; (b) at the request of an appropriate Minister of a declared State or Territory—to provide scientific advice to the Minister in relation to proposed unconventional gas developments or large coal mining developments in the relevant State or Territory that are likely to have a significant impact on water resources, including any impacts of associated salt production and/or salinity; Note: Subsections (3) and (4) set out the timeframe that applies to this function. (d) at the request of the Environment Minister—to provide advice to the Environment Minister about: (i) priorities for research projects to improve scientific understanding of the impacts of unconventional gas developments and large coal mining developments on water resources, including any impacts of associated salt production and/or salinity; and (ii) research projects commissioned by the Minister in relation to the impacts of unconventional gas developments and large coal mining developments on water resources, including any impacts of associated salt production and/or salinity; (da) at the request of the Environment Minister—to provide advice to the Environment Minister about matters relating to policies, plans or programs (however described) that are made, prepared, varied or endorsed under this Act; (e) to publish information about improving the consistency and comparability of research in relation to the impacts of unconventional gas developments and large coal mining developments on water resources, including any impacts of associated salt production and/or salinity; (f) to publish information relating to the development of standards for protecting water resources from the impacts of unconventional gas development and large coal mining development, including from any impacts of associated salt production and/or salinity; (g) to collect, analyse, interpret and disseminate scientific information in relation to the impacts of unconventional gas development and large coal mining development on water resources, including any impacts of associated salt production and/or salinity; (h) any other functions that are conferred on the Committee by this Act or the regulations; (i) to do anything incidental to, or conducive to, the performance of the above functions. (2) The Committee also has the following functions: (a) at the request of the Environment Minister—to provide scientific advice to the Environment Minister in relation to a matter that is protected by a provision of Part 3; (b) at the request of the appropriate Minister of a declared State or Territory and with the written agreement of the Environment Minister—to provide scientific advice to the Minister of the State or Territory in relation to the matters specified in the request. Timeframes to provide advice to State or Territory Minister (3) The Committee must provide advice under paragraph (1)(b) to an appropriate Minister of a declared State or Territory within 2 months of the Minister’s request. (4) However, if the Committee considers that it cannot do so within 2 months, the Committee must, in writing given to the Minister: (a) advise the Minister of that fact; and (b) substitute a longer period within which to provide the advice; and (c) give reasons for that period. Advice beyond Committee’s expertise (5) Subsection (6) applies if: (a) the Committee is requested, required or permitted to provide advice under subsection (1) or (2); and (b) the Committee is satisfied that it does not have sufficient expertise to provide the advice. (6) The Committee: (a) is not required to provide the advice; and (b) must advise the Minister, and any other person to whom the advice was to be provided, that the Committee is unable to provide the advice.