Section 146N — Environment Protection and Biodiversity Conservation Act 1999: Determination in relation to action that is a component of larger action

(1) A person who proposes to take an action (the larger action) may apply to the Minister for a determination that subsection 146D(2) does not apply to an action (the component action) that is a component of the larger action, if: (a) the component action is covered by an approval in force under section 146B of the taking of an action or a class of actions in accordance with an endorsed policy, plan or program; and (b) the larger action is not covered by the approval. (2) The application must: (a) be made in writing; and (b) be made in the approved form (if any); and (c) include the information or documents prescribed by the regulations (if any). (3) If the Minister is satisfied that it is appropriate for Parts 7 and 8 and paragraph 170A(c) to apply in relation to the larger action, the Minister may, in writing, determine that subsection 146D(2) does not apply to the component action. (3A) If the Minister makes a determination, the determination takes effect on the day specified in the determination (which must not be earlier than the day it is made). (4) If the Minister makes a determination, the Minister must give the following persons a copy of the determination as soon as practicable: (a) the person proposing to take the larger action; (b) the holder of the approval; (c) the responsible person for the policy, plan or program. (5) If a determination is in force under subsection (3) in relation to a component action, the component action is taken not to be specified in the approval under section 146B. Note: This also has the effect that there is no deemed approval under Part 9 of the component action (see paragraph 146D(1)(b)). (6) If the Minister decides not to make a determination, the Minister must, as soon as practicable, give the person proposing to take the larger action written notice of the Minister’s decision and the reasons for it. (7) A determination made under subsection (3) is not a legislative instrument.