Other Considerations The Minister will also publish a notice of reconsideration decision is made (paragraph outcome of the reconsideration under 78A(3)(a)). subsection 78C(3) of the EPBC Act and Relationship between Where a third party makes a reconsideration regulation 4A.01 of the EPBC Regulations. The reconsideration and approval process request, statutory timeframe for the EPBC Regulations state that the notice must be assessment of the action is not suspended A reconsideration request received after an published on the internet, in the Gazette, and (paragraph 78A(3)(b)). action has reached the approval stage of the if relevant, in the Government Gazette of the EPBC Act (Part 9) but before the approval relevant Territory (Norfolk Island, Cocos decision is made, may still be a valid (Keeling) Islands or Christmas Island). The reconsideration request. notice will contain: Once an approval decision is made, the the identification number, descriptive title Minister can no longer revoke the original and location of the action; section 75 decision. the proponent or the person proposing to take the action; and Where a reconsideration request is made and notice of the outcome of the the approval decision has not yet been made, reconsideration. the reconsideration request will be dealt with before the approval decision. This includes A person who has received written notice of deciding whether or not it is a proper the outcome of the reconsideration can reconsideration request under Part 4AA.01 of request (within 28 days of receipt of the the EPBC Regulations. notice) the reasons for the reconsideration decision. The Minister will provide this Such a situation may involve the Minister statement of reasons within 28 days after extending the time for making the approval receiving the request (subsection 78C(4)). decision in accordance with the EPBC Act. Where the Minister revokes the original Stopping the Clock decision and makes a new decision under section 75, the Minister will also publish a Where a reconsideration request is made by notice of the new decision. This may be the proponent, the statutory timeframe for published jointly with the notice of the assessing the action is suspended (often outcome of the reconsideration. referred to as ‘stopping the clock’) until the
The Minister will also publish a notice of outcome of the reconsideration under subsection 78C(3) of the EPBC Act and regulation 4A.01 of the EPBC Regulations. The EPBC Regulations state that the notice must be published on the internet, in the Gazette, and if relevant, in the Government Gazette of the relevant Territory (Norfolk Island, Cocos (Keeling) Islands or Christmas Island). The notice will contain: the identification number, descriptive title and location of the action; the proponent or the person proposing to take the action; and notice of the outcome of the reconsideration. A person who has received written notice of the outcome of the reconsideration can request (within 28 days of receipt of the notice) the reasons for the reconsideration decision. The Minister will provide this statement of reasons within 28 days after receiving the request (subsection 78C(4)). Where the Minister revokes the original decision and makes a new decision under section 75, the Minister will also publish a notice of the new decision. This may be published jointly with the notice of the outcome of the reconsideration. Other Considerations Relationship between reconsideration and approval process A reconsideration request received after an action has reached the approval stage of the EPBC Act (Part 9) but before the approval decision is made, may still be a valid reconsideration request. Once an approval decision is made, the Minister can no longer revoke the original section 75 decision. Where a reconsideration request is made and the approval decision has not yet been made, the reconsideration request will be dealt with before the approval decision. This includes deciding whether or not it is a proper reconsideration request under Part 4AA.01 of the EPBC Regulations. Such a situation may involve the Minister extending the time for making the approval decision in accordance with the EPBC Act. Stopping the Clock Where a reconsideration request is made by the proponent, the statutory timeframe for assessing the action is suspended (often referred to as ‘stopping the clock’) until the reconsideration decision is made (paragraph 78A(3)(a)). Where a third party makes a reconsideration request, statutory timeframe for the assessment of the action is not suspended (paragraph 78A(3)(b)).
epbc-act-policy-reconsideration.docx