Document ID: chunk:federal_register_of_legislation:C2023A00122:clause:2_29:p1
Version: federal_register_of_legislation:C2023A00122
Segment Type: clause
Provision Reference: sch 2 cl 29 (pt 1/3)
Character Range: 19649–22376

29  Minister to decide whether amended provisions are controlling provisions for certain controlled actions
(1) This item applies in relation to an action if:
 (a) a proposal by a person to take the action was referred to the Minister under Division 1 of Part 7 of the main Act before the commencement day; and
 (b) the action involves unconventional gas development; and
 (c) item 26 does not apply in relation to the action; and
 (d) before the commencement day, the Minister decided under section 75 of the main Act that the action is a controlled action; and
 (e) immediately before the commencement day, the Minister has not decided whether or not to approve the taking of action under Part 9 of the main Act.
(2) The Minister must, before the end of the transitional period, decide in accordance with this item whether any provisions of section 24D or 24E of the main Act as amended by Part 1 of this Schedule are controlling provisions for the action.
(3) Before making the decision, the Minister must give the person proposing to take the action a written notice:
 (a) setting out the decision the Minister proposes to make; and
 (b) inviting the person to give the Minister written comments on the proposed decision within 10 business days (measured in Canberra) of the day the notice is given to the person.
(4) Before making the decision, the Minister (the Environment Minister) may:
 (a) notify any other Minister whom the Environment Minister considers has administrative responsibilities relating to the proposed decision; and
 (b) invite the relevant Minister to give the Environment Minister written comments on the proposed decision, within 10 business days (measured in Canberra).
(5) If the Minister believes on reasonable grounds that the Minister does not have enough information to make a decision under subitem (2), the Minister may request the person proposing to take the action to provide specified information relevant to making the decision.
(6) If the Minister requests further information under subitem (5), the period within which the Minister is required to make a decision under subitem (2) is extended by the number of business days in the period:
 (a) starting on the day the Minister requests the information; and
 (b) ending on the day the Minister receives the last of the information requested.
(7) In making a decision under subitem (2), the Minister must consider:
 (a) any comments received within the period specified in an invitation given under paragraph (3)(b) or (4)(b); and
 (b) any further information provided in response to a request made under subitem (5); and
 (c) any information included in the referral of the proposal to take the action relating to whether the action is