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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 97

Minister must prepare guidelines for draft public environment report
(1)
The Minister must prepare written guidelines for the content of a draft report about the relevant impacts of the action. The Minister must do so:

(a)
within 20 business days of the decision that the relevant impacts of the action must be assessed by a public environment report under this Division; or

(b)
if the Minister invites a person to comment on a draft of the guidelines within a period specified by the Minister—within 20 business days after the end of that period (or the latest of those periods, if there is more than one).

(2)
In preparing the guidelines, the Minister must seek to ensure that the draft report will:

(a)
contain enough information about the action and its relevant impacts to 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; and

(b)
address the matters (if any) prescribed by the regulations.

(3)
The guidelines may also provide for the draft report to include information about other certain and likely impacts of the action if:

(a)
the action is to be taken in a State or self-governing Territory; and

(b)
the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the draft report includes information about those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the action; and

(c)
the action:

(i)
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
(ii)
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.
Note: Paragraph (3)(a) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

(4)
Division 2 does not limit:

(a)
subsection (3); or

(b)
section 98 so far as it relates to guidelines prepared in reliance on that subsection.

(5)
In preparing the guidelines, the Minister may:

(a)
invite anyone to comment on a draft of the guidelines within a period specified by the Minister; and

(b)
take account of the comments received (if any).


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