Environment Protection and Biodiversity Conservation Act 1999

This section applies if the Minister was satisfied, at the time of making the decision (the assessment approach decision) under section 87, that the Minister had enough information in relation to the action to allow the Minister to assess the relevant impacts of the action.

At the same time as the Minister gives notice of the assessment approach decision to the designated proponent of the action under paragraph 91(1)(a), the Minister must give the designated proponent a written direction to publish, within the period specified in the direction (not being less than 10 business days), in accordance with the regulations:

specified information included in the referral to the Minister of the proposal to take the action; and

specified information relating to the action that was given to the Minister after the referral but before the Minister made the assessment approach decision; and

an invitation for anyone to give the designated proponent, within the period specified in the direction, comments in writing relating to the information or the action.

The designated proponent must comply with the direction.

If the designated proponent does not comply with the direction, the Minister may take action under section 155.

A direction given under subsection (2) is not a legislative instrument.