Document ID: chunk:federal_register_of_legislation:C2004A00486:clause:3_38
Version: federal_register_of_legislation:C2004A00486
Segment Type: clause
Provision Reference: sch 3 cl 38
Character Range: 42866–44213

38  Subsections 19(2), (3), (4) and (4A)
Repeal the subsections, substitute:

 (2) The Minister must either grant or refuse to grant the permit within 90 days after the application is made.

 (3) However, if Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of the permit, the Minister must grant or refuse to grant the permit within whichever of the following periods ends later (or either of them if they end at the same time):
 (a) 30 days after the day on which the Minister receives advice given under section 163 of that Act;
 (b) 90 days after the application is made.

Note: Under Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, certain persons must get advice from the Minister administering that Subdivision before authorising an action. Under section 163 of that Act, that Minister must give advice within 30 days after receiving a report of an environmental assessment of the action.

 (4) Despite Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, that Subdivision does not apply in relation to the granting of a permit described in subsection (5) or (5A) if the Minister is of the opinion described in that subsection.