Commonwealth Numbered Acts

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 104

104.(1) This section applies to a proposed action if:

   (a)  the Minister is notified of it under section 103; or

   (b)  without being so notified, the Minister forms the opinion that
        section  99 or 100 applies to the proposed action; or

   (c)  it is referred to the Minister under section 86 for the Minister's
        advice on whether it would contravene an interim conservation order,
        permanent conservation order or impact assessment conservation order.

(2) If this section applies to a proposed action because of the operation of
paragraph (1)(b), the Minister must, in writing, notify the Commonwealth
agency that proposes to take the action of the Minister's intention to refer
the matter to the Director under paragraph (4)(a).

(3) A person who proposes to take the action may make written submissions to
the Minister about the proposed action.

(4) The Minister must:

   (a)  refer the proposed action, together with any submissions received by
        the Minister about the proposed action, to the Director; and

   (b)  after considering the Director's advice on the matter, give to:

        (i)    the Commonwealth agency concerned, and any person who made
               submissions; or

        (ii)   the person who sought the Minister's advice under section  86 ;
               as the case requires, a written notice of the Minister's advice
               on the proposed action.