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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 74

Inviting provision of information on referred proposal

Inviting other Commonwealth Ministers to provide information

(1)
As soon as practicable after receiving a referral of a proposal to take an action, the Minister (the Environment Minister ) must:

(a)
inform any other Minister whom the Environment Minister believes has administrative responsibilities relating to the proposal; and

(b)
invite each other Minister informed to give the Environment Minister within 10 business days information that relates to the proposed action and is relevant to deciding whether or not the proposed action is a controlled action.

Inviting comments from appropriate State or Territory Minister

(2)
As soon as practicable after receiving, from the person proposing to take an action or from a Commonwealth agency, a referral of a proposal to take an action in a State or self-governing Territory, the Environment Minister must:

(a)
inform the appropriate Minister of the State or Territory; and

(b)
invite that Minister to give the Environment Minister comments within 10 business days on whether the proposed action is a controlled action;

if the Environment Minister thinks the action may have an impact on a matter protected by a provision of Division 1 of Part 3 (about matters of national environmental significance).

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

Inviting public comment

(3)
As soon as practicable after receiving a referral of a proposal to take an action, the Environment Minister must cause to be published on the Internet:

(a)
the referral; and

(b)
an invitation for anyone to give the Minister comments within 10 business days (measured in Canberra) on whether the action is a controlled action.

Section does not apply if proponent says action is controlled action

(4)
This section does not apply in relation to a referral of a proposal to take an action by the person proposing to take the action if the person states in the referral that the person thinks the action is a controlled action.



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