the Minister must invite the appropriate Minister of the State or Territory to provide information relevant to deciding which approach is appropriate, before deciding on the approach to be used for assessment of the relevant impacts of the action.

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

Considerations in making choice

(3)

In making the decision, the Minister must consider:

(a)

information relating to the action given to the Minister in the referral of the proposal to take the action or under section 86; and

(b)

any other information available to the Minister about the relevant impacts of the action that the Minister considers relevant (including information in a report on the impacts of actions under a policy, plan or program under which the action is to be taken that was given to the Minister under an agreement under Part 10 (about strategic assessments)); and

(c)

any relevant information received in response to an invitation under subsection (2); and

(d)

the matters (if any) prescribed by the regulations; and

(e)

the guidelines (if any) published under subsection (6).

Accredited assessment process

(4)

The Minister may decide on an assessment by an accredited assessment process only if the Minister is satisfied that:

(a)

the process is to be carried out under a law of the Commonwealth, a State or a self-governing Territory; and

(b)

the process and the law meet the standards (if any) prescribed by the regulations; and

(c)

the process will ensure that the relevant impacts of the action are adequately assessed; and

(d)

he or she will receive a report of the outcome of the process that will provide enough information on the relevant impacts of the action to let him or her make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action.

Assessment on preliminary documentation

(5)

The Minister may decide on an assessment on preliminary documentation under Division 4 only if the Minister is satisfied (after considering the matters in subsection (3)) that that approach will allow the Minister to make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action.

Guidelines for choosing assessment approach

(6)

The Minister may publish in the Gazette guidelines setting out criteria for deciding which approach must be used for assessing the relevant impacts of an action.