Section 161A — Environment Protection and Biodiversity Conservation Act 1999: Minister may decide that advice is not required

(1) If: (a) the Minister receives a referral under subsection 161(1) of a proposal by a Commonwealth agency or employee of the Commonwealth to give an authorisation of an action; and (b) the Minister is satisfied, on the basis of the information in the referral, that the action does not have, will not have or is not likely to have a significant impact on the environment; the Minister may decide, in writing, that this Subdivision does not apply in relation to the referral or the action. (2) If the Minister decides that this Subdivision does not apply in relation to the referral or the action, this Act (other than Divisions 2 and 3 of Part 7) applies as if the Minister had decided under Division 2 of Part 7 that the action is not a controlled action. (3) If the Minister decides that this Subdivision does not apply in relation to the referral or the action, the Minister must: (a) give written notice of the decision to the agency or employee who referred the proposal to give an authorisation of the action; and (b) publish notice of the decision in accordance with the regulations.