(1)  If a participating regulator in relation to a project is the EPA Board and the project is a bilateral agreement project, that participating regulator may, within 28 days after the major project is referred to the regulator under section 60Y(1)(a) , give to the Panel an extension notice.

(2)  An extension notice is a notice specifying that the participating regulator will require 91 days, or a longer period allowed by the Minister, in which to provide to the Panel the participating regulator’s preliminary advice under section 60ZY(1) in relation to the major project.

(3)  If a participating regulator in relation to a major project is the EPA Board –

(a) a major project, major project proposal or information is only to be taken under section 60Y to be referred, or provided, to the participating regulator if the major project, major project proposal or information, respectively, is referred, or provided, to the EPA Director; and

(b) the decision of that participating regulator under section 60ZA(1) is to be made by the EPA Director but is to be taken to have been made by the participating regulator.

(4)  If the EPA Board has given to the Panel –

(a) an assessment requirement notice under section 60ZA(1)(b) ; or

(b) a notice recommending revocation under section 60ZA(1)(c)  –

in relation to a major project, the EPA Board must carry out an environmental impact assessment of the major project in accordance with Part 5 of the EMPC Act, as modified in its application to a major project by this section.

(5)  For the purposes of an environmental impact assessment of a major project in accordance with this section, the reference, in section 74(4) of the EMPC Act, to providing the proponent with guidance is to be taken to be satisfied if the guidance is provided to the Panel under subsection (6) .

(6)  If the EPA Board has given –

(a) an assessment requirement notice under section 60ZA(1)(b) ; or

(b) a notice recommending revocation under section 60ZA(1)(c)  –

in relation to a major project, the EPA Board must provide to the Panel the guidance that the EPA Board is required under section 74(4) of the EMPC Act to provide to the proponent.

(7)  The EPA Board must provide the guidance to the Panel, in accordance with subsection (6)  –

(a) after having considered the draft assessment criteria and after having determined whether it intends to give an alteration notice under section 60ZL(4) ; and

(b) within 28 days after the end of the public exhibition of the draft assessment criteria under section 60ZL(1) or within a longer period allowed by the Minister.

(8)  If the EPA Board has given an assessment requirement notice under section 60ZA(1)(b) in relation to a major project, as altered, if at all, by an alteration notice under section 60ZL(4) , the assessment requirement notice is taken to be guidance that the EPA Board has provided to the proponent for the purposes of section 74(4) of the EMPC Act.

(9)  Part 5 of the EMPC Act is modified in its application to a major project as follows:

(a) section 74(3) of the EMPC Act does not apply in relation to the major project;

(b) the requirements specified in section 74(6) , (7) and (8) of the EMPC Act are to be taken, in relation to the major project, to be satisfied when the requirements, that apply in relation to the major project and that are imposed on the EPA Board or the Panel by this Division, have been satisfied.