Environment Protection and Biodiversity Conservation Act 1999

This section applies if the Minister has, by written instrument:

suspended an approval under this Part of the taking of an action by a person; or

revoked an approval under this Part of the taking of an action by a person.

Within 2 months after receiving a copy of the instrument under this Division, the person who was the holder of the approval may request the Minister to reinstate the approval.

Within 20 business days of receiving the request, the Minister must decide whether or not to reinstate the approval.

Subdivision B of Division 1 applies to the decision whether or not to reinstate the approval in the same way as it applies to a decision whether or not to approve the taking of an action.

A day is not to be counted for the purposes of subsection (3) if:

the Minister and the person who was the holder of the approval agree in writing that it should not be counted; or

the Minister has requested the person to provide information under subsection (6) and the day is on or before the day on which the Minister receives the last of the information requested.

If the Minister believes on reasonable grounds that he or she does not have enough information to make an informed decision whether or not to reinstate the approval, the Minister may request the person who was the holder of the approval to provide specified information relevant to making the decision.

If the Minister decides to reinstate the approval, it and any conditions attached to it immediately before the suspension or revocation have effect on and after the day of the decision (subject to any future suspension or revocation under this Division).

The Minister must:

give the person who was the holder of the approval written notice of the Minister’s decision; and

publish notice of the decision in accordance with the regulations.