Environment Protection and Biodiversity Conservation Act 1999

As soon as practicable after receiving a referral of a proposal to take an action, the Minister (the Environment Minister) must:

inform any other Minister whom the Environment Minister believes has administrative responsibilities relating to the proposal; and

invite each other Minister informed to give the Environment Minister within 10 business days information that relates to the proposed action and is relevant to deciding whether or not the proposed action is a controlled action.

If the Minister thinks, in relation to an action that is the subject of a proposal referred to the Minister, that section 15B or 15C could be a controlling provision for the proposed action because of National Heritage values of a National Heritage place, the Minister may invite the Australian Heritage Council to give the Minister comments, within 10 business days (measured in Canberra), on whether the proposed action is a controlled action.

Sections 15B and 15C protect the National Heritage values of National Heritage places.

If the Minister thinks, in relation to an action that is the subject of a proposal referred to the Minister, that section 23, 24A, 24B, 24C, 26, 27A, 27B, 27C or 28 could be a controlling provision for the proposed action because of heritage values of a place, the Minister may invite the Australian Heritage Council to give the Minister comments, within 10 business days (measured in Canberra), on whether the proposed action is a controlled action.

Sections 23, 24A, 24B, 24C, 26, 27A, 27B, 27C and 28 protect the environment, which includes the heritage values of places. See the definition of environment in section 528.

As soon as practicable after receiving, from the person proposing to take an action or from a Commonwealth agency, a referral of a proposal to take an action in a State or self‑governing Territory, the Environment Minister must, if he or she thinks the action may have an impact on a matter protected by a provision of Division 1 of Part 3 (about matters of national environmental significance):

inform the appropriate Minister of the State or Territory; and

invite that Minister to give the Environment Minister within 10 business days:

comments on whether the proposed action is a controlled action; and

information relevant to deciding which approach would be appropriate to assess the relevant impacts of the action (including if the action could be assessed under a bilateral agreement).

Subsection (2) also applies in relation to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

As soon as practicable after receiving a referral of a proposal to take an action, the Environment Minister must cause to be published on the internet:

the referral; and

an invitation for anyone to give the Minister comments within 10 business days (measured in Canberra) on whether the action is a controlled action.

The Environment Minister may refuse to cause to be published on the internet, under subsection (3), so much of the information included in a referral as the Minister is satisfied is commercial‑in‑confidence.

The Environment Minister must not be satisfied that particular information included in a referral is commercial‑in‑confidence unless a person demonstrates to the Minister that:

release of the information would cause competitive detriment to the person; and

the information is not in the public domain; and

the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and

the information is not readily discoverable.