(1)  An assessment by the Board of an activity, pursuant to section 25 , 27 or 27AA , is to be one of the following classes:

(a) class 2A;

(b) class 2B;

(c) class 2C.

(2)  In determining a class of assessment under this Part, the Board is to take into consideration the characteristics set out in Schedule 5 .

(3)  The Minister, by order, may amend Schedule 5 by doing any one or more of the following:

(a) inserting a characteristic in the Schedule;

(b) omitting a characteristic from the Schedule;

(c) omitting a characteristic from the Schedule and substituting another characteristic.

(4)  The provisions of section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 apply to an order under this section as if the order were regulations within the meaning of that Act.

(5)  An order under this section is not an instrument of a legislative character for the purposes of the Subordinate Legislation Act 1992 .

(6)  An order under this section is a regulation for the purposes of the Subordinate Legislation Committee Act 1969 .