Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_131aa:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 131AA (pt 1/2)
Character Range: 122454–125196

131AA  Inviting comments before decision from person proposing to take action and designated proponent

 (1) Before the Minister decides whether or not to approve, for the purposes of a controlling provision, the taking of an action, and what conditions (if any) to attach to an approval, he or she must:
 (a) inform the person proposing to take the action, and the designated proponent of the action (if the designated proponent is not the person proposing to take the action), of:
 (i) the decision the Minister proposes to make; and
 (ii) if the Minister proposes to approve the taking of the action—any conditions the Minister proposes to attach to the approval; and
 (b) invite each person informed under paragraph (a) to give the Minister, within 10 business days (measured in Canberra), comments in writing on the proposed decision and any conditions.

 (2) If the Minister proposes not to approve, for the purposes of a controlling provision, the taking of the action, the Minister must provide to each person informed under paragraph (1)(a), with the invitation given under paragraph (1)(b):
 (a) a copy of whichever of the following documents applies to the action:
 (i) an assessment report;
 (ii) a finalised recommendation report given to the Minister under subsection 93(5);
 (iii) a recommendation report given to the Minister under section 95C, 100 or 105; and
 (b) any information relating to economic and social matters that the Minister has considered; and
 (c) any information relating to the history of a person in relation to environmental matters that the Minister has considered under subsection 136(4); and
 (d) a copy of any document, or part of a document, containing information of a kind referred to in paragraph 136(2)(e) that the Minister has considered.

 (3) The Minister is not required to provide under subsection (2):
 (a) information that is in the public domain; or
 (b) a copy of so much of a document as in the public domain; or
 (c) in the case of information referred to in paragraph (2)(b) or (c)—any conclusions or recommendations relating to that information included in documents or other material prepared by the Secretary for the Minister.

 (4) The Minister must not provide under subsection (2):
 (a) a copy of so much of a document as:
 (i) is an exempt document under the Freedom of Information Act 1982 on the grounds of the security of the Commonwealth or its providing advice to the Minister; or
 (ii) the Minister is satisfied contains information that is commercial‑in‑confidence; or
 (b) information that:
 (i) is of such a nature that its inclusion in a document would cause that document to be an exempt document of the kind referred to in subparagraph (a)(i); or
 (ii) the Minister