Section 146DF — Environment Protection and Biodiversity Conservation Act 1999: Surrender of approval under section 146B

(1) Section 145AA (surrender of approval) applies in relation to an approval under section 146B in a way corresponding to the way in which it applies in relation to an approval under Part 9, with the modifications set out in this section. (2) Section 145AA applies as if: (a) a reference in that section to the holder of the approval included a reference to the responsible person for the relevant endorsed policy, plan or program; and (b) a reference to an action were a reference to one or more actions covered by the approval under section 146B. Consultation before accepting surrender (3) If, under section 145AA as applied by subsection (1), the Minister proposes to accept the surrender of an approval under section 146B, the Minister must: (a) give the holder of the approval written notice of the proposed decision (unless the holder made the request to accept the surrender); and (b) give the responsible person for the relevant endorsed policy, plan or program written notice of the proposed decision (unless the responsible person made the request to accept the surrender); and (c) in a notice under paragraph (a) or (b), invite the person given the notice to give the Minister, within the period specified in the notice (which must be at least 10 business days after the day the notice is given), written comments on the proposed decision; and (d) publish on the Department’s website an invitation for anyone to give the Minister, within the period specified in the invitation (which must be at least 10 business days after the day the invitation is given), written comments on the proposed decision; and (e) take into account any relevant comments received in response to an invitation under paragraph (c) or (d). Note: For holder and responsible person, see section 528. (4) Subsection (3) is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the Minister’s decision whether or not to accept the surrender of an approval under section 146B.