Section 88 — Environment Protection and Biodiversity Conservation Act 1999: Timing of decision on assessment approach

Initial decision (1) The Minister must decide on the approach to be used for assessment of the relevant impacts of the action within 20 business days after the Minister receives the referral of the proposal to take the action. Note: Section 156 sets out rules about time limits. When initial decision must be made (2) The Minister must make the decision under subsection (1) on the same day as the Minister has decided, under subsection 75(1), that the action is a controlled action, unless the Minister has requested more information under subsection 76(3) or section 89 for the purposes of deciding on the approach to be used for assessment of the relevant impacts of the action. Time does not run while further information sought (4) If the Minister has requested more information in relation to the action under subsection 76(1), (2) or (3) or section 89, a day is not to be counted as a business day for the purposes of subsection (1) if it is: (a) on or after the day the Minister requested the information; and (b) on or before the day on which the Minister receives the last of the information requested. Running of time may be suspended by agreement (5) The Minister and the designated proponent of the action may agree in writing that days within a period worked out in accordance with the agreement are not to be counted as business days for the purposes of subsection (1). If the agreement is made, those days are not to be counted for the purposes of that subsection.