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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 74C

Informing person proposing to take action that action is clearly unacceptable

             (1)  As soon as practicable after making the decision under paragraph 74B(1)(b) in relation to a referral, the Minister must give written notice of the decision to:

                     (a)  the person proposing to take the action that is the subject of the referral; and

                     (b)  the person who referred the proposal to the Minister (if that person is not the person proposing to take the action that is the subject of the referral).

             (2)  The notice must:

                     (a)  state that the Minister considers that the action would have unacceptable impacts on a matter protected by a provision of Part 3; and

                     (b)  set out the reasons for the Minister's decision.

             (3)  After receiving the notice under subsection (1), the person proposing to take the action may:

                     (a)  withdraw the referral and take no further action in relation to the proposed action; or

                     (b)  withdraw the referral and refer a new proposal to take a modified action to the Minister in accordance with Division 1; or

                     (c)  request the Minister, in writing, to reconsider the referral.

Note 1:       Section 170C sets out the procedure for withdrawing a referral.

Note 2:       A referral of a proposal to take a modified action will be a new referral for the purposes of this Chapter.



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