Section 79C — Environment Protection and Biodiversity Conservation Act 1999: Reconsideration of decision on application under section 79A

(1) If the Minister receives an application under section 79A from a person for reconsideration of a decision (the first decision), the Minister must reconsider the first decision and do one of the following: (a) revoke the first decision and substitute a new decision under subsection 75(1) for the first decision; (b) refuse the application. (2) As soon as practicable after either revoking the first decision and substituting a new decision, or refusing the application, the Minister must: (a) give the person written notice of the Minister’s decision; and (b) if the decision is to revoke the first decision and substitute a new decision—publish a copy of the notice on the Department’s website. (3) A provision of Part 3 letting an action be taken if the Minister has decided that a particular provision (the prohibiting provision) of that Part is not a controlling provision for the action does not prevent the Minister from taking action under subsection (1) to revoke a decision that the prohibiting provision is not a controlling provision for an action and substitute a decision that the prohibiting provision is a controlling provision for the action. (4) If the first decision is revoked and a new decision substituted for it: (a) any provisions of this Chapter that applied in relation to the action because of the first decision cease to apply in relation to the action; and (b) any provisions of this Chapter that are relevant because of the new decision apply in relation to the action.