Document ID: chunk:federal_register_of_legislation:C2024C00598:section:74d:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 74D (pt 1/2)
Character Range: 252191–254849

74D  Procedure if Minister is requested to reconsider referral
 (1) This section applies if the Minister receives a request under paragraph 74C(3)(c) to reconsider a referral.

Inviting public comment
 (2) The Minister must, within 10 business days after receiving the request, publish on the internet:
 (a) a notice stating that the Minister proposes not to approve the taking of the action that is the subject of the referral; and
 (b) the reasons for the Minister's decision; and
 (c) an invitation for anyone to give the Secretary, within 10 business days (measured in Canberra), comments in writing on:
 (i) the impacts that the action would have on a matter protected by a provision of Part 3; and
 (ii) the Minister's proposal to refuse to approve the taking of the action.

Report about relevant impacts of action
 (3) Within 10 business days after the end of the period for comment under paragraph (2)(c), the Secretary must:
 (a) prepare a written report about the relevant impacts that the action has or will have, or is likely to have, on a matter protected by a provision of Part 3; and
 (b) give the Minister:
 (i) the report; and
 (ii) a copy of any comments received by the Secretary within the period for comment.
In preparing the report, the Secretary must have regard to the comments referred to in subparagraph (b)(ii).

Decision following reconsideration
 (4) Within 20 business days after receiving the report under subsection (3), the Minister must:
 (a) if the Minister still considers that it is clear that the action would have unacceptable impacts on a matter protected by a provision of Part 3—decide to refuse to approve the taking of the action; or
 (b) decide that the referral is to be dealt with under the provisions of this Chapter that, because of subsection 74B(2), have ceased to apply to the referral.
 (5) If the Minister decides to refuse to approve the taking of the action, the Minister must, within 10 business days after making the decision, give notice of the decision to:
 (a) the person proposing to take the action; and
 (b) the person who referred the proposal to the Minister (if that person is not the person proposing to take the action).
Note: The person proposing to take the action may request reasons for the refusal and the Minister must give them. See section 13 of the Administrative Decisions (Judicial Review) Act 1977.
 (6) If the Minister makes a decision under paragraph (4)(b):
 (a) the provisions of this Chapter that, because of subsection 74B(2), have ceased to apply to the referral start to apply to the referral; and
 (b) for the purposes of the application of those provisions, a day is