Document ID: chunk:federal_register_of_legislation:C2024C00598:section:78:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 78 (pt 1/3)
Character Range: 264958–267682

78  Reconsideration of decision

Limited power to vary or substitute decisions
 (1) The Minister may revoke a decision (the first decision) made under subsection 75(1) about an action and substitute a new decision under that subsection for the first decision, but only if:
 (a) the Minister is satisfied that the revocation and substitution is warranted by the availability of substantial new information about the impacts that the action:
 (i) has or will have; or
 (ii) is likely to have;
  on a matter protected by a provision of Part 3; or
 (aa) the Minister is satisfied that the revocation and substitution is warranted by a substantial change in circumstances that was not foreseen at the time of the first decision and relates to the impacts that the action:
 (i) has or will have; or
 (ii) is likely to have;
  on a matter protected by a provision of Part 3; or
 (b) the following requirements are met:
 (i) the first decision was that the action was not a controlled action because the Minister believed the action would be taken in the manner identified under subsection 77A(1) in the notice given under section 77;
 (ii) the Minister is satisfied that the action is not being, or will not be, taken in the manner identified; or
 (ba) the following requirements are met:
 (i) the first decision was that the action was not a controlled action because of a provision of a bilateral agreement and a management arrangement or an authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process for the purposes of the agreement;
 (ii) the provision of the agreement no longer operates in relation to the action, or the management arrangement or authorisation process is no longer in force under, or set out in, a law of a State or a self‑governing Territory identified in or under the agreement; or
 (c) the following requirements are met:
 (i) the first decision was that the action was not a controlled action because of a declaration under section 33 and a management arrangement or an authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration;
 (ii) the declaration no longer operates in relation to the action, or the management arrangement or authorisation process is no longer in operation under, or set out in, a law of the Commonwealth identified in or under the declaration; or
 (ca) the following requirements are met:
 (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,