Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_78b
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 78B
Character Range: 90174–92972

78B  Minister must inform interested persons of request and invite comments

 (1) The Minister (the Environment Minister) must comply with this section if he or she receives a request under section 78A to reconsider a decision made under subsection 75(1) about an action.

Informing designated proponent of request and inviting comments

 (2) If the request is made by a person other than the designated proponent of the action, the Environment Minister must:
 (a) inform the designated proponent of the request in accordance with subsection (3); and
 (b) invite the designated proponent to give the Environment Minister, within 10 business days, comments on the request.

 (3) For the purpose of paragraph (2)(a), the Environment Minister must inform the designated proponent of the request by giving the designated proponent such information relating to the request as the Minister considers appropriate. The Minister need not (for example) reveal the identity of the person who made the request.

Inviting other Commonwealth Ministers to provide information

 (4) The Environment Minister must:
 (a) inform any other Minister who the Environment Minister believes has administrative responsibilities relating to the action of the request; and
 (b) invite each Minister informed to give the Environment Minister, within 10 business days, information about whether a matter referred to in any of paragraphs 78(1)(a) to (ca) is applicable in relation to the action.

Inviting comments from appropriate State or Territory Minister

 (5) If the request relates to an action proposed to be taken in a State or self‑governing Territory and the Environment Minister thinks the action may have an impact on a matter protected by a provision of Division 1 of Part 3 (about matters of national environmental significance), the Environment Minister must:
 (a) inform the appropriate Minister of the State or Territory of the request; and
 (b) invite that Minister to give the Environment Minister, within 10 business days:
 (i) comments on whether a matter referred to in any of paragraphs 78(1)(a) to (ca) is applicable in relation to the action; and
 (ii) any other information that the Minister of the State or Territory considers relevant to the reconsideration.

Note: Subsection (5) also applies in relation to a request that relates to an action that is to be taken in an area offshore from a State or the Northern Territory. See section 157.

Inviting public comment

 (6) The Environment Minister must publish on the Internet:
 (a) the request; and
 (b) an invitation for anyone to give the Environment Minister, within 10 business days (measured in Canberra), comments in writing on whether a matter referred to in any of paragraphs 78(1)(a) to (ca) is applicable in relation to the action.