Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p58
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
Provision Reference: 
Character Range: 185833–188926

relevant regulatory requirements have been or will be met.

  Note: The Director will develop and maintain publicly available resources to support the interpretation of these decision-making prescriptions (Section 4.4).

4.4.2     Assessments under other processes

Prescription

       4.4.2.1               For the purposes of Section 4.4.1 (Decision-making) the Director may accept the assessment of activities made under Chapter 4 of the EPBC Act, the Sea Dumping Act or under a government or industry policy, plan or program where the Director is satisfied that:

         a)      the assessment is done in a manner consistent with prescriptions 4.4.1.1 and 4.4.1.2, and

         b)      the assessment process provides for appropriate consultation with the Director and consideration of the Director's views in relation to activities in the South-east Network or potential impacts on the network or marine park values.

4.4.3     Review of decisions
This section (4.4.3) outlines the processes for seeking a review of a decision.
A person whose interests are affected by a decision about a permit under Part 17 of the EPBC Regulations and who is dissatisfied with that decision, may ask the Director to reconsider the decision in accordance with regulation 14.16 of the EPBC regulations.
This plan extends the rights and processes for reconsideration under regulation 14.16 of the EPBC Regulations to all other decisions made under Section 4.5 of this plan. This includes the right to apply to the Administrative Review Tribunal for merits review of the reconsideration decision under regulation 14.16(8) of the EPBC Regulations.
Without liming the operation of regulation 14.16 of the EPBC Regulations, a person may only apply to the Administrative Review Tribunal for the review of the reconsideration decision.

Prescriptions
        1.                The process for reconsideration of a Director's decision about a permit under Section 4.5.2 is provided for in Division 14.3 of the EPBC Regulations.
        2.                The process for reconsideration in Division 14.3 of the EPBC Regulations apply to any decision of the Director under Section 4.5 of this Plan, including decisions about class approvals (Section 4.5.3) and activity licences and leases (Section 4.5.4).
        3.                The Director will only reconsider a decision made under this Plan if the Director is asked to reconsider the decision in accordance with Division 14.3 of the EPBC Regulation.
        4.                Without limiting the operation of Division 14.3 of the EPBC Regulation, the person requesting the reconsideration must:

         a)      have their interest affected by the decision and be dissatisfied with the decision,

         b)      provide written notice to the Director, asking the Director to reconsider the decision, within 21 days after the decision first comes to the notice of the person, and

         c)      set out in the written notice the reasons for making the request.
        1.                The Director will follow the process in Division 14.3 of the