Concluded matters (nil this meeting) [2013] AUSStaCSDLM 76 (28 February 2013)

• Amendment of List of Exempt Native Specimens - Pandanus spiralis (18/12/2012) [F2013L00107]
• Insufficient explanation provided regarding consultation

Amendment of List of Exempt Native Specimens - Pandanus spiralis (18/12/2012) [F2013L00107]

Purpose	Amends the List of Exempt Native Specimens (29/11/2001) by adding Pandanus spiralis to the list
Last day to disallow	15 May 2013
Authorising legislation	Environment Protection and Biodiversity Conservation Act 1999
Department	Sustainability, Environment, Water, Population and Communities

ISSUE:

Insufficient explanation provided regarding consultation

Section 17 of the Legislative Instruments Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument, particularly where that instrument is likely to have an effect on business. Section 18, however, provides that in some circumstances such consultation may be unnecessary or inappropriate. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (section 26). With reference to these requirements, the committee notes that the ES for the instrument provides a substantial description of nature of consultation undertaken into the making of the instrument. However, a reference to the 'relevant state department' is unclear, as the committee is not able to determine which department is referred to on the face of the instrument and more generally. The committee will therefore seek further information from the minister.