ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 95A Direction to publish referral information and invitation to comment--further information required

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 95A

  (1)   This section applies if the Minister was not 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.

  (2)   Within 10 business days after the Minister gives notice of the assessment approach decision to the designated proponent of the action under paragraph   91(1)(a), the Minister must request the designated proponent to give the Minister specified information relevant to assessing the relevant impacts of the action, including information about strategies for mitigating any adverse impacts.

  (3)   Within 10 business days after receiving the information requested under subsection   (2), 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:

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

  (b)   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

  (c)   specified information relating to the action that was received in response to the Minister's request under subsection   (2); and

  (d)   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.

  (4)   The designated proponent must comply with the direction.

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

  (5)   A direction given under subsection   (3) is not a legislative instrument.