Document ID: chunk:federal_register_of_legislation:C2024C00598:section:79
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 79
Character Range: 277401–279052

79  Reconsideration of decision on request by a State or Territory
 (1) This section applies if the Minister (the Environment Minister) has made a decision under subsection 75(1) about whether a provision of Division 1 of Part 3 is a controlling provision for an action proposed to be taken in a State or a self‑governing Territory.
Note 1: Division 1 of Part 3 deals with requirements for approvals for actions involving matters of national environmental significance.
Note 2: This section also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
 (2) Within 10 business days after the appropriate Minister of the State or Territory is notified of the decision under subparagraph 77(1)(a)(iii), that Minister may request the Environment Minister to reconsider the Environment Minister's decisions made under subsection 75(1).
 (3) Within 20 business days after receiving a request to reconsider a decision, the Environment Minister must:
 (a) reconsider the decision; and
 (b) either confirm it or revoke it and substitute a new decision for it; and
 (c) give written notice of the outcome of the reconsideration and reasons for the outcome to:
 (i) the Minister who requested the reconsideration; and
 (ii) the person proposing to take the action; and
 (iii) the designated proponent of the action; and
 (d) after giving notice as described in paragraph (c), publish notice of the outcome and the reasons for it in accordance with the regulations.
Note: Section 156 sets out rules about time limits.

Part 8—Assessing impacts of controlled actions

Division 1—Simplified outline of this Part