Environment Protection and Biodiversity Conservation Act 1999

This section applies if the Minister receives a request under paragraph 74C(3)(c) to reconsider a referral.

The Minister must, within 10 business days after receiving the request, publish on the internet:

a notice stating that the Minister proposes not to approve the taking of the action that is the subject of the referral; and

the reasons for the Minister’s decision; and

an invitation for anyone to give the Secretary, within 10 business days (measured in Canberra), comments in writing on:

the impacts that the action would have on a matter protected by a provision of Part 3; and

the Minister’s proposal to refuse to approve the taking of the action.

Within 10 business days after the end of the period for comment under paragraph (2)(c), the Secretary must:

prepare a written report about the relevant impacts that the action has or will have, or is likely to have, on a matter protected by a provision of Part 3; and

give the Minister:

the report; and

a copy of any comments received by the Secretary within the period for comment.

Within 20 business days after receiving the report under subsection (3), the Minister must:

if the Minister still considers that it is clear that the action would have unacceptable impacts on a matter protected by a provision of Part 3—decide to refuse to approve the taking of the action; or

decide that the referral is to be dealt with under the provisions of this Chapter that, because of subsection 74B(2), have ceased to apply to the referral.

See the definition of unacceptable impacts in section 527F.

If the Minister decides to refuse to approve the taking of the action, the Minister must, within 10 business days after making the decision, give notice of the decision to:

the person proposing to take the action; and

the person who referred the proposal to the Minister (if that person is not the person proposing to take the action).

The person proposing to take the action may request reasons for the refusal and the Minister must give them. See section 13 of the Administrative Decisions (Judicial Review) Act 1977.

If the Minister makes a decision under paragraph (4)(b):

the provisions of this Chapter that, because of subsection 74B(2), have ceased to apply to the referral start to apply to the referral; and

for the purposes of the application of those provisions, a day is not to be counted as a business day if it is:

on or after the day the Minister received the referral; and

on or before the day the Minister makes the decision under paragraph (4)(b).

If the Minister had already complied with section 74 in relation to the referral before the Minister made the decision under paragraph 74B(1)(b) in relation to the referral, the Minister is not required to comply with section 74 again.