Document ID: chunk:federal_register_of_legislation:F2025L00071:body:0:p37
Version: federal_register_of_legislation:F2025L00071
Segment Type: other
Provision Reference: 
Character Range: 120844–123965

or will consult appropriately with stakeholders, including relevant representatives of the Cocos (Keeling) Islands community;
Note: The Director will provide guidance for proponents on what constitutes appropriate consultation where requested.
 1.       the proponent has the capacity to comply with the conditions of the authorisation; and
 2.       relevant regulatory requirements have been or will be met.

    4.4.2     Assessment under other processes

Prescriptions
        1.                For the purposes of Section 4.4.1 (Decision making), the Director may consider the assessment of proposed activities made under Chapter 4 of the EPBC Act or the Environment Protection (Sea Dumping) Act 1981 or under a government or industry policy, plan, or program.

    4.4.3     Review of decisions
The prescriptions in this section outline the processes for seeking a review of a decision. A person whose interests are affected by a decision by the Director under this plan, including a decision about an authorisation, may seek review under the Administrative Review Tribunal Act 2024 (Cth) and in accordance with the review process set out in Division 14.3 of the EPBC Regulations.
Without limiting the operation of the EPBC Regulations, a person may only apply to the Administrative Review Tribunal for the review of the Director's reconsideration of a decision under this plan.
This plan extends the same review rights to decisions on all authorisations made by the Director under this plan. Where the Director issues a class approval for an activity, review is limited to the making of the class approval.

Prescriptions
       4.4.3.1               The process for reconsideration of a Director's decision about a permit under Section 4.5.1 is provided for in regulation 14.3 of the EPBC Regulations.
       4.4.3.2               The process for reconsideration in regulation 14.3 of the EPBC Regulations applies to any decision of the Director under Section 4.5 of this plan, including decisions about class approvals (Section 4.5.2) and activity licences and leases (Section 4.5.3).
       4.4.3.3               Without limiting the operation of regulation 14.3 of the EPBC Regulations, the person requesting the reconsideration must:
 1.       have their interest affected by the decision and be dissatisfied with the decision;
 2.       provide written notice to the Director, asking the Director to reconsider the decision, within 21 days after the decision first comes to the notice of the person; and
 3.       set out in the written notice the reasons for making the request.
       4.4.3.4               The Director will follow the process in regulation 14.3 of the EPBC Regulations when reconsidering a decision made under Section 4.5 of this management plan.
       4.4.3.5               A person may apply to the Administrative Appeals Tribunal for the review of the Director's reconsideration decision.

  4.5           Authorisation of allowable activities
The Director may authorise allowable activities through a permit, class approval, activity licence or lease in accordance with this chapter.