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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 77 Notice and reasons for decision

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 77

Notice and reasons for decision

Giving notice

  (1)   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:

  (a)   give written notice of the decision to:

  (i)   the person proposing to take the action; and

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

  (iii)   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

  (b)   publish notice of the decision in accordance with the regulations.

Note 1:   Section   156 sets out rules about time limits.

Note 2:   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.

Notice must identify any applicable controlling provisions

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

Reasons for decision

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

  (a)   has been given the notice; and

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

The Minister must do so as soon as practicable, and in any case within 28 days of receiving the request.

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