Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 156F

Notice of change of person proposing to take action

  (1)   At any time:

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

  (b)   before the Minister has approved, or refused to approve, the taking of the action under section   133;

the person (the first person ) proposing to take the action and another person (the second person ) may notify the Minister, in writing, that:

  (c)   the first person no longer proposes to take the action; and

  (d)   the second person proposes to take the action instead.

Note:   A person who is the holder of an approval under Part   9   may transfer the approval to another person under section   145B.

When notice cannot be given

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

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

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

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

Requirements for notice

  (3)   A notice must:

  (a)   include the information (if any) prescribed by the regulations; and

  (b)   be accompanied by the fee (if any) prescribed by the regulations.

Effect of notice

  (4)   If a notice is given to the Minister under subsection   (1):

  (a)   any provisions of this Chapter   that, apart from this paragraph, would have applied to the first person in relation to the action cease to apply to that person and start to apply to the second person; and

  (b)   for the purposes of the application of those provisions:

  (i)   the second person is taken to be named in the referral of the proposal to take the action as the person proposing to take the action; and

  (ii)   the second person is taken to have done anything the first person did in relation to the action; and

  (iii)   anything done in relation to the first person in relation to the action is taken to have been done in relation to the second person.

Publication of notice

  (5)   Within 10 business days after receiving a notice under subsection   (1), the Minister must publish a copy of the notice in accordance with the regulations.