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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 156A Request to vary proposal to take an action

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 156A

Request to vary proposal to take an action

  (1)   If:

  (a)   a proposal (the original proposal ) by a person to take an action has been referred to the Minister under Division   1 of Part   7; and

  (b)   after the referral is made, the person wishes to change the original proposal;

the person may, subject to subsection   (2), request the Minister to accept a variation (a varied proposal ) of the original proposal.

  (2)   Subsection   (1) does not apply if:

  (a)   the Minister has made a decision under section   74A to not accept the referral of the original proposal; or

  (b)   the Minister has made a decision under section   75 that the proposed action is not a controlled action; or

  (c)   a particular manner for taking the proposed action is identified under subsection   77A(1) in the notice given under section   77 in relation to the action; or

  (d)   the Minister has made a decision under section   133 approving or refusing to approve the taking of the proposed action; or

  (e)   the referral of the original proposal has been withdrawn under section   170C.

  (3)   A request under subsection   (1) must:

  (a)   be made in a way prescribed by the regulations; and

  (b)   include the information prescribed by the regulations.

  (4)   If a request is made under subsection   (1), any provisions of this Chapter   that would, apart from this subsection, have applied in relation to the original proposal cease to apply to that proposal.

Note:   Provisions that have ceased to apply in relation to the original proposal under subsection   (4) will start to apply to that proposal, or to the varied proposal, after the Minister has decided whether or not to accept the varied proposal. See section   156D.

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