Basic rule

(1)

Within whichever of the following periods is relevant, the Minister must decide for the purposes of each controlling provision whether or not to approve the taking of a controlled action:

(a)

30 business days, or such longer period as the Minister specifies in writing, if the action is the subject of an assessment report;

(b)

40 business days, or such longer period as the Minister specifies in writing, if a commission has conducted an inquiry relating to the action.

Start of period—basic rule

(1A)

The relevant period starts on the first business day after the day the Minister receives the assessment report or the report of the commission (as appropriate).

Start of period—certain actions in States and Territories

(1B)

However, if the action is to be taken in a State or self-governing Territory and is covered by subsection (1C), the relevant period starts on the later of the following days:

(a)

the day worked out under subsection (1A);

(b)

the first business day after the day the Minister receives from the State or self-governing Territory a notice:

(i)

stating that the certain and likely impacts of the action on things other than matters protected by the controlling provisions for the action have been assessed to the greatest extent practicable; and

(ii)

explaining how they have been assessed.

Note 1: This means that the Minister cannot grant an approval until he or she has received notice from a State or Territory as described in paragraph (1B)(b).

Note 2: Subsection (1B) also applies in relation to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

Actions to which subsection (1B) applies

(1C)

Subsection (1B) applies to an action only if it:

(a)

is to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or

(b)

is an action whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries.

Start of period—actions in 2 or more jurisdictions

(1D)

If the action is to be taken in more than one State or self-governing Territory, the relevant period does not start until after the last day on which the Minister receives from one of those States or Territories a notice described in paragraph (1B)(b).

Exception for certain actions

(1E)

Subsection (1B) does not apply if:

(a)

the action:

(i)

is a nuclear action; or

(ii)

is to be taken in a Commonwealth marine area; or

(iii)

is to be taken on Commonwealth land; or

(iv)

is to be taken by the Commonwealth or a Commonwealth agency; and

(b)

the relevant impacts of the action have been assessed under Part 8.

What is an assessment report?

(2)

An assessment report is a report given to the Minister as described in:

(a)

subsection 47(4) (about assessments under a bilateral agreement); or

(b)

subsection 84(3) (about assessments in a manner specified in a declaration); or

(c)

subsection 87(4) (about assessments by accredited assessment processes); or

(d)

subsection 95(1) (about assessments on preliminary documentation); or

(e)

subsection 100(1) (about public environment reports); or

(f)

subsection 105(1) (about environmental impact statements).

Time may be extended only to consider other Ministers' comments

(3)

The Minister may specify a longer period for the purposes of paragraph (1)(a) or (b) only if:

(a)

the Minister has received comments about a proposed decision from another Minister in accordance with an invitation under section 131; and

(b)

the Minister is satisfied that it would not be practicable to consider them adequately and make a decision within the period that would apply if the longer period were not specified.

Notice of extension of time

(4)

If the Minister specifies a longer period for the purposes of paragraph (1)(a) or (b), he or she must:

(a)

give a copy of the specification to the person proposing to take the action; and

(b)

publish the specification in accordance with the regulations.

Time does not run while further information is sought

(5)

If, under section 132, the Minister has requested more information for the purposes of making a decision whether or not to approve the taking of an action, a day is not to be counted as a business day for the purposes of subsection (1) if it is:

(a)

on or after the day the Minister requested the information; and

(b)

on or before the day on which the Minister receives the last of the information requested.