Document ID: chunk:federal_register_of_legislation:C2023A00122:clause:2_30:p1
Version: federal_register_of_legislation:C2023A00122
Segment Type: clause
Provision Reference: sch 2 cl 30 (pt 1/2)
Character Range: 24761–27431

30  Minister to consider whether assessment approach should be changed
(1) This item applies in relation to an action if:
 (a) the Minister has decided under subitem 29(2) that provisions of sections 24D and 24E of the main Act as amended by Part 1 of this Schedule are controlling provisions for the action (the new controlling provisions decision); and
 (b) before the commencement day, the Minister had made a decision under section 87 of the main Act as to the approach to be used for assessment of the relevant impacts of the action.
(2) The Minister may, before the end of the period within which the Minister is required to make the new controlling provisions decision, decide whether, as a result of the new controlling provisions decision, a different approach should be used for assessment of the relevant impacts of the action.
(3) 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.
(4) If the Minister requests further information under subitem (3), 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.
(5) In making a decision under subitem (2), the Minister must consider:
 (a) any further information provided in response to a request made under subitem (3); and
 (b) any comments or information received or provided as mentioned in paragraph 29(7)(a) and (b) relating to the approach to be used for assessment of the relevant impacts of the action; and
 (c) any information included in the referral of the proposal to take the action relating to the approach to be used for assessment of the relevant impacts of the action; and
 (d) any other information, or any comments, relating to the approach to be used for assessment of the relevant impacts of the action received (whether before or after the commencement day) in response to an invitation made before the commencement day under section 74 of the main Act.
(6) Subsections 82(1) and (4) of the main Act apply in relation to the Minister's decision under subitem (2), as if references in those provisions to controlling provisions were references to provisions of sections 24D and 24E of the main Act as amended by Part 1 of this Schedule.
(7) Within 10 business days after making a decision under subitem (2), the Minister must:
 (a) give