Document ID: chunk:federal_register_of_legislation:C2024C00598:section:78a
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 78A
Character Range: 270899–272815

78A  Request for reconsideration of decision by person other than State or Territory Minister
 (1) A person (other than a Minister of a State or self‑governing Territory) may request the Minister to reconsider a decision made under subsection 75(1) about an action on the basis of a matter referred to in any of paragraphs 78(1)(a) to (ca).
Note: Section 79 deals with requests for reconsideration by a Minister of a State or self‑governing Territory.
 (2) A request under subsection (1) must:
 (a) be in writing; and
 (b) set out the basis on which the person thinks the decision should be reconsidered; and
 (c) if the regulations specify other requirements for requests under subsection (1)—comply with those requirements.
 (3) If a request is made under subsection (1) in relation to a decision that an action is a controlled action, or that particular provisions are controlling provisions for an action, then:
 (a) if the request is made by the designated proponent of the action—Part 8 ceases to apply in relation to the action until the Minister makes a decision in relation to the request; but
 (b) if the request is made by another person—the application of Part 8 in relation to the action is not affected by the making of the request (subject to the outcome of the reconsideration).
 (4) If:
 (a) because of paragraph (3)(a), Part 8 has ceased to apply in relation to an action; and
 (b) the Minister confirms the decision that is the subject of the request under subsection (1);
then:
 (c) the application of Part 8 in relation to the action resumes (as does any assessment process under that Part that had previously commenced in relation to the action); and
 (d) for the purposes of the resumed application of Part 8, a day is not to be counted as a business day if it is:
 (i) on or after the day the Minister received the request; and
 (ii) on or before the day the Minister confirms the decision.