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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 78A

Request for reconsideration of decision by person other than State or Territory Minister

  (1)   A person (other than a Minister of a State or self - governing Territory) may request the Minister to reconsider a decision made under subsection   75(1) about an action on the basis of a matter referred to in any of paragraphs 78(1)(a) to (ca).

Note:   Section   79 deals with requests for reconsideration by a Minister of a State or self - governing Territory.

  (2)   A request under subsection   (1) must:

  (a)   be in writing; and

  (b)   set out the basis on which the person thinks the decision should be reconsidered; and

  (c)   if the regulations specify other requirements for requests under subsection   (1)--comply with those requirements.

  (3)   If a request is made under subsection   (1) in relation to a decision that an action is a controlled action, or that particular provisions are controlling provisions for an action, then:

  (a)   if the request is made by the designated proponent of the action--Part   8 ceases to apply in relation to the action until the Minister makes a decision in relation to the request; but

  (b)   if the request is made by another person--the application of Part   8 in relation to the action is not affected by the making of the request (subject to the outcome of the reconsideration).

  (4)   If:

  (a)   because of paragraph   (3)(a), Part   8 has ceased to apply in relation to an action; and

  (b)   the Minister confirms the decision that is the subject of the request under subsection   (1);

then:

  (c)   the application of Part   8 in relation to the action resumes (as does any assessment process under that Part   that had previously commenced in relation to the action); and

  (d)   for the purposes of the resumed application of Part   8, a day is not to be counted as a business day if it is:

  (i)   on or after the day the Minister received the request; and

  (ii)   on or before the day the Minister confirms the decision.


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