Environment Protection and Biodiversity Conservation Act 1999

If the Minister receives a referral in relation to a proposal to take an action by a person, and the Minister is satisfied the action that is the subject of the referral is a component of a larger action the person proposes to take, the Minister may decide to not accept the referral.

If the Minister decides to not accept a referral under subsection (1), the Minister:

must give written notice of the decision to the person who referred the proposal to the Minister; and

must give written notice of the decision to the person who is proposing to take the action that was the subject of the referral; and

may, under section 70, request of the person proposing to take the action that was the subject of the referral, that they refer the proposal, to take the larger action, to the Minister.

To avoid doubt, sections 73 and 74 do not apply to a referral that has not been accepted in accordance with subsection (1).

If the Minister decides to accept a referral under subsection (1), the Minister must, at the time of making a decision under section 75:

give written notice of the decision to the person who referred the proposal to the Minister;

publish in accordance with the regulations (if any), a copy or summary of the decision.