Document ID: chunk:federal_register_of_legislation:C2024C00598:section:78:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 78 (pt 2/3)
Character Range: 267444–270100

(i) the first decision was that the action was not a controlled action because of a declaration under section 37A and a bioregional plan to which the declaration relates;
 (ii) the declaration no longer operates in relation to the action, or the bioregional plan is no longer in force; or
 (d) the Minister is requested under section 79 to reconsider the decision.
Note 1: Subsection 75(1) provides for decisions about whether an action is a controlled action and what the controlling provisions for the action are.
Note 2: 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). See section 78A.
Note 3: If the Minister decides to revoke a decision under subsection (1) and substitute a new decision for it, the Minister is not required to carry out the processes referred to in sections 73 and 74 again before making the new decision.

Reversing decision that provision of Part 3 is not controlling provision
 (2) A provision of Part 3 letting an action be taken if the Minister has decided that a particular provision (the prohibiting provision) of that Part is not a controlling provision for the action does not prevent the Minister from acting under subsection (1) to revoke a decision that the prohibiting provision is not a controlling provision for an action and substitute a decision that the prohibiting provision is a controlling provision for the action.

Decision not to be revoked after approval granted or refused or action taken
 (3) The Minister must not revoke the first decision after:
 (a) the Minister has granted or refused an approval of the taking of the action; or
 (b) the action is taken.

General effect of change of decision
 (4) When the first decision is revoked and a new decision is substituted for it:
 (a) any provisions of this Chapter that applied in relation to the action because of the first decision cease to apply in relation to the action; and
 (b) any provisions of this Chapter that are relevant because of the new decision apply in relation to the action.

Change of designation of proponent
 (5) If the Minister believes a person (the first proponent) designated under section 75 as proponent of an action is no longer an appropriate person to be the designated proponent of the action, the Minister may revoke the designation and designate another person (the later proponent) as proponent of the action.

Consent to designation
 (6) The Minister may designate the other person as proponent of the action only if:
 (a) he