Section 170C — Environment Protection and Biodiversity Conservation Act 1999: Withdrawal of referral of proposal to take an action

(1) Subject to subsection (2), a person who: (a) has referred a proposal to take an action to the Minister under section 68; or (b) is named as the person proposing to take an action in a proposal that is referred to the Minister under section 69 or 71; may withdraw the referral, by written notice to the Minister. (2) The referral cannot be withdrawn after the Minister has decided, under Part 9, whether or not to approve the taking of the action. (3) If the Minister receives a notice withdrawing the referral, the Minister must publish notice of the withdrawal of the referral in accordance with the regulations. (4) If the referral is withdrawn, the provisions of this Chapter that would, apart from this subsection, have applied to the action cease to apply to the action. (5) Despite subsection (4), if: (a) at the time the referral (the original referral) is withdrawn, a determination is in force under section 79E in relation to the action (the original action); and (b) before the end of the period specified in the determination for the purposes of subsection 79E(5), the person refers another proposal to take an action (the new action) to the Minister under section 68; and (c) either: (i) the new action is the same as the original action; or (ii) a component of the new action is the same as the original action; then: (d) any determination in force under section 79E at the time of the withdrawal in relation to the action that is the subject of the original proposal continues in force, and section 79E continues to apply in relation to any such determination; and (e) any such determination continues to have effect for the purposes of sections 67, 67A and 74AA, and those sections continue to apply, in relation to the action that is the subject of the original proposal.