Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Before the Minister decides whether or not to approve, for the purposes of a controlling provision, the taking of an action, and what conditions (if any) to attach to an approval, he or she must:
(a) inform the person proposing to take the action, and the designated proponent of the action (if the designated proponent is not the person proposing to take the action), of:
(i) the decision the Minister proposes to make; and
(ii) if the Minister proposes to approve the taking of the action--any conditions the Minister proposes to attach to the approval; and
(b) invite each person informed under paragraph (a) to give the Minister, within 10 business days (measured in Canberra), comments in writing on the proposed decision and any conditions.
(2) If the Minister proposes not to approve, for the purposes of a controlling provision, the taking of the action, the Minister must provide to each person informed under paragraph (1)(a), with the invitation given under paragraph (1)(b):
(a) a copy of whichever of the following documents applies to the action:
(i) an assessment report;
(ii) a finalised recommendation report given to the Minister under subsection 93(5);
(iii) a recommendation report given to the Minister under section 95C, 100 or 105; and
(b) any information relating to economic and social matters that the Minister has considered; and
(c) any information relating to the history of a person in relation to environmental matters that the Minister has considered under subsection 136(4); and
(d) a copy of any document, or part of a document, containing information of a kind referred to in paragraph 136(2)(e) that the Minister has considered.
(3) The Minister is not required to provide under subsection (2):
(a) information that is in the public domain; or
(b) a copy of so much of a document as is in the public domain; or
(c) in the case of information referred to in paragraph (2)(b) or (c)--any conclusions or recommendations relating to that information included in documents or other material prepared by the Secretary for the Minister.
(4) The Minister must not provide under subsection (2):
(a) a copy of so much of a document as:
(i) is an exempt document under subparagraph 33(a)(i) of the Freedom of Information Act 1982 (documents affecting national security, defence or international relations); or
(ia) is a conditionally exempt document under section 47C of that Act (deliberative processes) to which access would, on balance, be contrary to the public interest for the purposes of subsection 11A(5) of that Act; or
(ii) the Minister is satisfied contains information that is commercial - in - confidence; or
(b) information that:
(i) is of such a nature that its inclusion in a document would cause that document to be an exempt document of the kind referred to in subparagraph (a)(i); or
(ii) the Minister is satisfied is commercial - in - confidence.
(5) The Minister must not be satisfied that information (including information in a document) is commercial - in - confidence unless a person demonstrates to the Minister that:
(a) release of the information would cause competitive detriment to the person; and
(b) the information is not in the public domain; and
(c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and
(d) the information is not readily discoverable.
(6) In deciding whether or not to approve, for the purposes of a controlling provision, the taking of the action, the Minister must take into account any relevant comments given to the Minister in response to an invitation given under paragraph (1)(b).
(7) This section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to:
(a) the Minister's decision under section 133 whether or not to approve, for the purposes of a controlling provision, the taking of the action; and
(b) if the decision is to approve, for the purposes of a controlling provision, the taking of the action, and the Minister decides, under section 134, to attach conditions to the approval--the Minister's decision under section 134 to attach those conditions to the approval.