Environment Protection and Biodiversity Conservation Act 1999

Within 10 business days after deciding whether an action that is the subject of a proposal referred to the Minister is a controlled action or not, the Minister must:

give written notice of the decision to:

the person proposing to take the action; and

if the Minister has designated as proponent of the action a person who does not propose to take the action—that person; and

if the Minister decided that the action is a controlled action because of Division 1 of Part 3 (which deals with matters of national environmental significance)—the appropriate Minister of each State or self‑governing Territory in which the action is to be taken; and

publish notice of the decision in accordance with the regulations.

Section 156 sets out rules about time limits.

Subparagraph (1)(a)(iii) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

If the decision is that the action is a controlled action, the notice must identify each of the controlling provisions.

If the decision is that the action is not a controlled action, the notice must specify the date that the decision will cease to be in force if subsection 79F(1) applies (lapsing of decision that action is not a controlled action).

The Minister must give reasons for the decision to a person who:

has been given the notice; and

within 28 days of being given the notice, has requested the Minister to provide reasons.