Section 161 — Environment Protection and Biodiversity Conservation Act 1999: Seeking the Minister’s advice

Requirement for referral (1) If a Commonwealth agency or employee of the Commonwealth proposing to give an authorisation (however described) of an action thinks the agency or employee is required by section 160 (disregarding subsection 160(1A)) to obtain and consider the Minister’s advice before giving the authorisation, the agency or employee must: (a) refer the proposal to the Minister; and (b) nominate a person to act as designated proponent of the action. Minister may request referral (2) The Minister may request a Commonwealth agency or employee of the Commonwealth to: (a) refer to the Minister a proposal to give an authorisation (however described) of an action; and (b) nominate a person to act as designated proponent of the action; if the Minister thinks the agency or employee is required by section 160 (disregarding subsection 160(1A)) to obtain and consider the Minister’s advice before giving the authorisation. Complying with Minister’s request (3) The Commonwealth agency or employee must comply with the Minister’s request. Content of referral (4) A referral must include the information prescribed by the regulations.