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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 78A

Request for reconsideration of decision by person other than State or Territory Minister

             (1)  A person (other than a Minister of a State or self‑governing Territory) may request the Minister to reconsider a decision made under subsection 75(1) about an action on the basis of a matter referred to in any of paragraphs 78(1)(a) to (ca).

Note:          Section 79 deals with requests for reconsideration by a Minister of a State or self‑governing Territory.

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

                     (a)  be in writing; and

                     (b)  set out the basis on which the person thinks the decision should be reconsidered; and

                     (c)  if the regulations specify other requirements for requests under subsection (1)--comply with those requirements.

             (3)  If a request is made under subsection (1) in relation to a decision that an action is a controlled action, or that particular provisions are controlling provisions for an action, then:

                     (a)  if the request is made by the designated proponent of the action--Part 8 ceases to apply in relation to the action until the Minister makes a decision in relation to the request; but

                     (b)  if the request is made by another person--the application of Part 8 in relation to the action is not affected by the making of the request (subject to the outcome of the reconsideration).

             (4)  If:

                     (a)  because of paragraph (3)(a), Part 8 has ceased to apply in relation to an action; and

                     (b)  the Minister confirms the decision that is the subject of the request under subsection (1);

then:

                     (c)  the application of Part 8 in relation to the action resumes (as does any assessment process under that Part that had previously commenced in relation to the action); and

                     (d)  for the purposes of the resumed application of Part 8, a day is not to be counted as a business day if it is:

                              (i)  on or after the day the Minister received the request; and

                             (ii)  on or before the day the Minister confirms the decision.



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