Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 70

  (1)   If the Minister believes a person proposes to take an action that the Minister thinks may be or is a controlled action, the Minister may request:

  (a)   the person; or

  (b)   a State, self - governing Territory or agency of a State or self - governing Territory that the Minister believes has administrative responsibilities relating to the action;

to refer the proposal to the Minister within 15 business days or a longer period agreed by the Minister and the requested person, State, Territory or agency (as appropriate).

Note 1:   If the proposal to take the action is not referred, the person cannot get an approval under Part   9 to take the action. If taking the action without approval contravenes Part   3, an injunction could be sought to prevent or stop the action, or the person could be ordered to pay a pecuniary penalty.

Note 2:   Section   156 sets out rules about time limits.

  (2)   In making a request, the Minister must act in accordance with the regulations (if any).

Deemed referral of proposal

  (3)   If:

  (a)   the Minister has made a request under subsection   (1); and

  (b)   the period for compliance with the request has ended; and

  (c)   the requested person has not referred the proposal to the Minister in accordance with the request;

the Minister may, within 20 business days after the end of that period, determine in writing that this Act has effect as if:

  (d)   if paragraph   (1)(a) applies--the requested person had referred the proposal to the Minister under subsection   68(1) at the time the determination was made; or

  (e)   if paragraph   (1)(b) applies--the requested person had referred the proposal to the Minister under subsection   69(1) at the time the determination was made.

  (4)   A determination under subsection   (3) has effect accordingly.

  (5)   A copy of a determination under subsection   (3) is to be given to the requested person.

  (6)   Subsection   68(3) and section   72 do not apply to a referral covered by subsection   (3) of this section.

  (8)   Subsection   74(3) applies to a referral covered by subsection   (3) of this section as if the reference in paragraph   74(3)(a) to the referral were a reference to the determination concerned.