Document ID: chunk:federal_register_of_legislation:C2024C00598:section:75:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 75 (pt 2/2)
Character Range: 257692–259948

the matter.
 (2B) Without otherwise limiting any adverse impacts that the Minister must consider under paragraph (2)(a), the Minister must not consider any adverse impacts of:
 (a) any RFA forestry operation to which, under Division 4 of Part 4, Part 3 does not apply; or
 (b) any forestry operations in an RFA region that may, under Division 4 of Part 4, be undertaken without approval under Part 9.

Designating a proponent of the action
 (3) If the Minister decides that the action is a controlled action, the Minister must designate a person as proponent of the action.

Consent to designation
 (4) The Minister may designate a person who does not propose to take the action only if:
 (a) the person agrees to being designated; and
 (b) the person proposing to take the action agrees to the designation.

Timing of decision and designation
 (5) The Minister must make the decisions under subsection (1) and, if applicable, the designation under subsection (3), within 20 business days after the Minister receives the referral of the proposal to take the action.
Note: If the Minister decides, under subsection 75(1), that the action is a controlled action, the Minister must, unless the Minister has requested more information under subsection 76(3) or section 89, decide on the approach to be used for assessment of the relevant impacts of the action on the same day as the Minister makes the decision under subsection 75(1)—see subsection 88(2).

Time does not run while further information being sought
 (6) If the Minister has requested more information under subsection 76(1) or (2) for the purposes of making a decision, a day is not to be counted as a business day for the purposes of subsection (5) if it is:
 (a) on or after the day the Minister requested the information; and
 (b) on or before the day on which the Minister receives the last of the information requested.

Running of time may be suspended by agreement
 (7) The Minister and the person proposing to take the action may agree in writing that days within a period worked out in accordance with the agreement are not to be counted as business days for the purposes of subsection (5). If the agreement is made, those days are not to be counted for the purposes of that subsection.