Environment Protection and Biodiversity Conservation Act 1999

If the Minister believes a person proposes to take an action that the Minister thinks may be or is a controlled action, the Minister may request:

the person; or

a State, self‑governing Territory or agency of a State or self‑governing Territory that the Minister believes has administrative responsibilities relating to the action;

If the proposal to take the action is not referred, the person cannot get an approval under Part 9 to take the action. If taking the action without approval contravenes Part 3, an injunction could be sought to prevent or stop the action, or the person could be ordered to pay a pecuniary penalty.

Section 156 sets out rules about time limits.

In making a request, the Minister must act in accordance with the regulations (if any).

If:

the Minister has made a request under subsection (1); and

the period for compliance with the request has ended; and

the requested person has not referred the proposal to the Minister in accordance with the request;

if paragraph (1)(a) applies—the requested person had referred the proposal to the Minister under subsection 68(1) at the time the determination was made; or

if paragraph (1)(b) applies—the requested person had referred the proposal to the Minister under subsection 69(1) at the time the determination was made.

A determination under subsection (3) has effect accordingly.

A copy of a determination under subsection (3) is to be given to the requested person.

Subsection 68(3) and section 72 do not apply to a referral covered by subsection (3) of this section.

Subsection 74(3) applies to a referral covered by subsection (3) of this section as if the reference in paragraph 74(3)(a) to the referral were a reference to the determination concerned.