Document ID: chunk:federal_register_of_legislation:F2024C01033:front:0:p16
Version: federal_register_of_legislation:F2024C01033
Segment Type: other
Provision Reference: 
Character Range: 41876–44642

to the Minister or if it is commercial‑in‑confidence. See, for example, the Act, section 95.

3.04  Public comment—particular needs groups
  The bilateral agreement must provide that special arrangements should be made, if appropriate, to ensure that affected groups with particular communication needs have adequate opportunity to comment on actions to be assessed under the manner of assessment specified in the agreement.

Division 3.3—Classes of actions not needing assessment

3.05  Application of Division 3.3
  This Division applies to each manner of assessment specified in an agreement described in subsection 47(1) of the Act.

3.06  Manner of assessment
  The bilateral agreement may make a declaration in accordance with subsection 47(1) of the Act only if the specified manner of assessment meets the criteria mentioned in Schedule 1.

Part 4—Referral of proposals to take action

4.01  Purpose of Part 4
  For section 72 of the Act, this Part sets out:
 (a) how to refer a proposal to take an action; and
 (b) what information such a referral must include.

4.02  The way referrals must be made
 (1) A referral must:
 (a) be given to the Department; and
 (b) be made in writing or electronically; and
 (c) be of a length, size and form that can readily be:
 (i) understood by the public; and
 (ii) published on the internet.
 (2) A referral must be accompanied by a fee of $6,577.00, unless:
 (a) it is a referral that is:
 (i) made under section 69 or 71 of the Act; or
 (ii) made in response to a request under section 70 of the Act; or
 (b) it is accompanied by an application for a waiver (see regulation 5.21A) or a notification of qualification for an exemption (see regulation 5.23).
Note: For paragraph (a)—other fees under Division 5.6 may apply in relation to a referral of a kind mentioned in subparagraph (a)(i) or (ii).
 (3) If a referral is accompanied by an application for a waiver and the application is unsuccessful, a fee of $6,577.00 is payable.

4.03  Information that must be included in referrals
 (1) A referral must include the information mentioned in Schedule 2.
 (2) However, information does not have to be included if it would, in all the circumstances, be unreasonable to expect the information to be included.
Example of information that does not have to be included:
       Information of a kind that could only reasonably be obtained by preparing an environmental impact statement.
 (3) For subregulation (2), it would be unreasonable to expect the following classes of information to be included:
 (a) information that is confidential;
 (b) information that may endanger a species or site of environmental significance if disclosed.
Note 1: If the Minister believes on reasonable grounds that not enough information