Section 169 — Environment Protection and Biodiversity Conservation Act 1999: Application of a Division of Part 8

Provisions that apply (1) If the agreement states that a particular Division of Part 8 is to apply in relation to the assessment of an action, the following provisions of this Act (the applied provisions) apply in relation to the action as set out in subsection (2): (a) that Division; (b) the other provisions of this Act (except Part 9), so far as they relate to that Division. Modification of applied provisions (2) The applied provisions apply in relation to the action as if: (a) the Minister had decided under Division 2 of Part 7 that the action was a controlled action; and (b) the Minister had decided that the relevant impacts of the action must be assessed under the Division specified in the agreement applying the Division; and (c) the person specified in the agreement as the person who is taken to be the designated proponent of the action for the purposes of that Division had been designated as the proponent of the action by the Minister under section 75; and (d) a reference in the applied provisions to the relevant impacts of the action were a reference to the impact that the action has, will have or is likely to have on the environment; and (e) a reference in the applied provisions to making an informed decision on approving under Part 9 (for the purposes of each controlling provision) the taking of the action were a reference to making an informed report and recommendations relating to the action. Modification of Division 4 of Part 8 (3) Also, if the agreement states that Division 4 of Part 8 is to apply in relation to the action, that Division applies in relation to the action as if paragraphs 95(2)(a) and (b) and 95A(3)(a), (b) and (c) merely referred to specified information relating to the action. Minister must give copy of report to State or Territory Minister (4) The Minister must give a copy of the report he or she receives from the Secretary or commission of inquiry under the applied provisions in relation to the action to each Minister of a State or Territory who is party to the agreement.