Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_70:p2
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 70 (pt 2/3)
Character Range: 158187–160797

(6) At the same time as the fee was paid, or at any time during the 28‑day period beginning on the day on which the fee was paid, the person may:
 (a) give the Minister a written notice:
 (i) setting out information relevant to the fresh application; and
 (ii) requesting the Minister to have regard to the information when dealing with the fresh application; or
 (b) give the Minister a written notice requesting the Minister to consider the fresh application as soon as practicable.

(7) If the person gives the Minister a notice under paragraph (6)(a), the Minister must have regard to the information when considering the fresh application.

(8) The Minister must not consider the fresh application until whichever is the earlier of the following days:
 (a) the first day after the end of the 28‑day period beginning on the day on which the fee was paid;
 (b) if the person gives the Minister a notice under paragraph (6)(a) or (b)—the day on which the notice was given.

(9) For the purposes of the application of sections 303CF, 303CI, 303DF, 303DH, 303EM, 303EO and 303GB of the Environment Protection and Biodiversity Conservation Act 1999 to the fresh application, the period of 40 business days is to be increased by one business day for each business day in the period beginning on the day on which the fee was paid and ending on whichever is the earlier of the following days:
 (a) the last day of the 28‑day period beginning on the day on which the fee was paid;
 (b) if the person gives the Minister a notice under paragraph (6)(a) or (b)—the day on which the notice was given.

(10) If, before the commencement of this item, the person paid a fee in respect of the grant of the permit or authority under the Wildlife Protection (Regulation of Exports and Imports) Act 1982:
 (a) the Commonwealth must refund the fee unless the person elects to treat the payment as fully discharging the person's liability to pay the fee for the fresh application worked out under whichever of subitem (2), (3) or (4) is applicable; and
 (b) if, under paragraph (a), the person elects to treat a payment as fully discharging the person's liability to pay a fee under whichever of subitem (2), (3) or (4) is applicable, the fee is taken to have been paid when the election was made.

(11) Subsections 303CE(2), 303DE(2) and 303EL(2) of the Environment Protection and Biodiversity Conservation Act 1999 do not apply to the fresh application.

(12) A fee under subitem (2) must not exceed the fee that would have been payable under subsection 303CE(2) of the Environment Protection and Biodiversity Conservation Act