Environment Protection and Biodiversity Conservation Act 1999

The Minister (the Environment Minister) must comply with this section if he or she receives a request under section 78A to reconsider a decision made under subsection 75(1) about an action.

If the request is made by a person other than the designated proponent of the action, the Environment Minister must:

inform the designated proponent of the request in accordance with subsection (3); and

invite the designated proponent to give the Environment Minister, within 10 business days, comments on the request.

For the purpose of paragraph (2)(a), the Environment Minister must inform the designated proponent of the request by giving the designated proponent such information relating to the request as the Minister considers appropriate. The Minister need not (for example) reveal the identity of the person who made the request.

The Environment Minister may:

inform any other Minister who the Environment Minister believes has administrative responsibilities relating to the action of the request; and

invite each Minister informed to give the Environment Minister, within 10 business days, information about whether a matter referred to in any of paragraphs 78(1)(a) to (b) is applicable in relation to the action.

If the request relates to an action proposed to be taken in a State or self‑governing Territory and the Environment Minister 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), the Environment Minister may:

inform the appropriate Minister of the State or Territory of the request; and

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

comments on whether a matter referred to in any of paragraphs 78(1)(a) to (b) is applicable in relation to the action; and

any other information that the Minister of the State or Territory considers relevant to the reconsideration.

Subsection (5) also applies in relation to a request that relates to an action that is to be taken in an area offshore from a State or the Northern Territory. See section 157.

The Environment Minister must publish on the internet:

the request; and

an invitation for anyone to give the Environment Minister, within 10 business days (measured in Canberra), comments in writing on whether a matter referred to in any of paragraphs 78(1)(a) to (b) is applicable in relation to the action.