Is the action a controlled action?

(1)

The Minister must decide:

(a)

whether the action that is the subject of a proposal referred to the Minister is a controlled action; and

(b)

which provisions of Part 3 (if any) are controlling provisions for the action.

Minister must consider public comment

(1A)

In making a decision under subsection (1) about the action, the Minister must consider the comments (if any) received:

(a)

in response to the invitation (if any) under subsection 74(3) for anyone to give the Minister comments on whether the action is a controlled action; and

(b)

within the period specified in the invitation.

Considerations in decision

(2)

If, when the Minister makes a decision under subsection (1), it is relevant for the Minister to consider the impacts of an action:

(a)

the Minister must consider all adverse impacts (if any) the action:

(i)

has or will have; or

(ii)

is likely to have;

on the matter protected by each provision of Part 3; and

(b)

must not consider any beneficial impacts the action:

(i)

has or will have; or

(ii)

is likely to have;

on the matter protected by each provision of Part 3.

Designating a proponent of the action

(3)

If the Minister decides that the action is a controlled action, the Minister must designate a person as proponent of the action.

Consent to designation

(4)

The Minister may designate a person who does not propose to take the action only if:

(a)

the person agrees to being designated; and

(b)

the person proposing to take the action agrees to the designation.

Timing of decision and designation

(5)

The Minister must make the decisions and designation:

(a)

within 20 business days of the referral; or

(b)

if the person proposing to take the action referred the proposal and stated in the referral that the person thought the action was a controlled action—within 10 business days of the referral.

Note: Section 156 sets out rules about time limits.

Time does not run while further information being sought

(6)

If the Minister has requested more information under section 76 for the purposes of making a decision, a day is not to be counted as a business day for the purposes of subsection (5) 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.

Running of time may be suspended by agreement

(7)

The Minister and the person proposing to take the action may agree in writing that days within a period worked out in accordance with the agreement are not to be counted as business days for the purposes of subsection (5). If the agreement is made, those days are not to be counted for the purposes of that subsection.