Clarifying Contestable Processes
23. It is also proposed to amend section 17ZG(2) of the Conservation Act 1987 to require the Minister of Conservation to decline to consider other applications for a concession opportunity from the point in time that an invitation process has been launched for the rights to apply for that opportunity.
24. The Act currently requires the Minister of Conservation to process any complete application received, while at the same time allowing the Minister to conduct contestable processes to invite specific concession applications.
25. DOC officials' recognise this as a potential flaw in the contestable process provisions of the Conservation Act 1987, in that an uninvited party could attempt to make an application outside the process. The Department considers that the Minister can currently refuse to process such applications, but considers there is a possibility for an applicant to challenge this position, as the Minister is arguably obliged to process any application received. If successful, such a challenge would subvert the orderly allocation of the scarce resources.
26. The legislative changes would be supported by amendments to the DOC "Concessions Processing Standard Operating Procedure" to provide more guidance for decision makers around such matters as triggers for public notification and improved descriptions of thresholds for classifying various types of concession.
27. Both amendments are designed to result in efficiencies and lower costs for both business and DOC regulators/administrators. Businesses will be able to plan ahead with more certainty and are also more likely to make better long term investments. Resources will be re-directed to higher priority areas such as monitoring. Both outcomes are likely to contribute to improved conservation outcomes.
Back to Top