Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 78C

Reconsideration of decision

  (1)   As soon as practicable after the end of the time within which information or comments may be given under section   78B in relation to a request under section   78A to reconsider a decision about an action, the Minister must:

  (a)   reconsider the decision; and

  (b)   either:

  (i)   confirm the decision; or

  (ii)   revoke the decision in accordance with subsection   78(1), and substitute a new decision for it.

Notice of outcome of reconsideration

  (2)   The Minister must give written notice of the outcome of the reconsideration to:

  (a)   the person who requested the reconsideration; and

  (b)   the person proposing to take the action (if that person is not the person referred to in paragraph   (a)); and

  (c)   the designated proponent of the action (if the designated proponent is not the person referred to in paragraph   (a) or (b)); and

  (d)   if the reconsideration relates to an action referred to in subsection   78B(5)--the appropriate Minister of the State or Territory.

  (3)   After giving notice as described in subsection   (2), the Minister must publish notice of the outcome of the reconsideration. The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way the Minister considers appropriate.

Reasons for outcome of reconsideration

  (4)   The Minister must give reasons for the outcome of the reconsideration to a person who:

  (a)   has been given notice of the outcome of the reconsideration under paragraph   (2)(a), (b) or (c); and

  (b)   within 28 days after 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 after receiving the request.