Document ID: chunk:federal_register_of_legislation:C2024C00598:section:74:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 74 (pt 2/2)
Character Range: 244251–246072

relevant to deciding which approach would be appropriate to assess the relevant impacts of the action (including if the action could be assessed under a bilateral agreement).
Note: Subsection (2) also applies in relation to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

Inviting public comment
 (3) As soon as practicable after receiving a referral of a proposal to take an action, the Environment Minister must cause to be published on the internet:
 (a) the referral; and
 (b) an invitation for anyone to give the Minister comments within 10 business days (measured in Canberra) on whether the action is a controlled action.
Note: If the action is also the subject of a permit application under section 200, 215, 237 or 257 and the application is made at the same time as the referral, the referral and invitation for comments that must be published under this subsection may be published together with the application and invitation for comments that must be published under section 200, 215, 237 or 257.

Non‑disclosure of commercial‑in‑confidence information
 (3A) The Environment Minister may refuse to cause to be published on the internet, under subsection (3), so much of the information included in a referral as the Minister is satisfied is commercial‑in‑confidence.
 (3B) The Environment Minister must not be satisfied that particular information included in a referral is commercial‑in‑confidence unless a person demonstrates to the Minister that:
 (a) release of the information would cause competitive detriment to the person; and
 (b) the information is not in the public domain; and
 (c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and
 (d) the information is not readily discoverable.