Section 146DI — Environment Protection and Biodiversity Conservation Act 1999: Minister’s decision on request

(1) If: (a) a request is made under section 146DH; and (b) the Minister is satisfied that the proposed variation is minor; the Minister may, by written notice (the variation approval), approve the variation. (2) If the Minister approves the variation, the Minister must do the following as soon as practicable: (a) give the responsible person a copy of the variation approval; (b) if an approval under section 146B is in force in relation to the policy, plan or program—give a copy of the variation approval to: (i) the holder of the approval; and (ii) each person specified in the approval under section 146B as a person who may take an action covered by that approval; and (c) publish a copy of the variation approval on the Department’s website. The Minister may give notice of the variation approval in any other way that the Minister thinks fit. Note: For holder and responsible person, see section 528. (3) If the Minister approves the variation, the approval takes effect on the day specified in the notice of the approval (which must not be earlier than the day the notice is published). (4) The Minister must refuse to approve the variation if the Minister is not satisfied that the proposed variation is minor. If the Minister refuses to approve the variation, the Minister must give the responsible person written notice of the refusal and the reasons for the refusal as soon as practicable. (5) A notice under subsection (1) is not a legislative instrument.