Section 78A — Environment Protection and Biodiversity Conservation Act 1999: Request for reconsideration of decision by person other than State or Territory Minister

(1) A person (other than a Minister of a State or self-governing Territory) may request the Minister to reconsider a decision made under subsection 75(1) about an action on the basis of a matter referred to in any of paragraphs 78(1)(a) to (ca). Note: Section 79 deals with requests for reconsideration by a Minister of a State or self-governing Territory. (2) A request under subsection (1) must: (a) be in writing; and (b) set out the basis on which the person thinks the decision should be reconsidered; and (c) if the regulations specify other requirements for requests under subsection (1)—comply with those requirements. (3) If a request is made under subsection (1) in relation to a decision that an action is a controlled action, or that particular provisions are controlling provisions for an action, then: (a) if the request is made by the designated proponent of the action—Part 8 ceases to apply in relation to the action until the Minister makes a decision in relation to the request; but (b) if the request is made by another person—the application of Part 8 in relation to the action is not affected by the making of the request (subject to the outcome of the reconsideration). (4) If: (a) because of paragraph (3)(a), Part 8 has ceased to apply in relation to an action; and (b) the Minister confirms the decision that is the subject of the request under subsection (1); then: (c) the application of Part 8 in relation to the action resumes (as does any assessment process under that Part that had previously commenced in relation to the action); and (d) for the purposes of the resumed application of Part 8, a day is not to be counted as a business day if it is: (i) on or after the day the Minister received the request; and (ii) on or before the day the Minister confirms the decision.