Section 91 — Environment Protection and Biodiversity Conservation Act 1999: Notice of decision on assessment approach

(1) Within 10 business days after making a decision on the approach to be used for assessment of the relevant impacts of an action, the Minister must: (a) give written notice of the decision to: (i) the person proposing to take the action; and (ia) the designated proponent of the action (if the designated proponent is not the person proposing to take the action); and (ii) if the action is to be taken in a State or self-governing Territory and a controlling provision for the action is in Division 1 of Part 3 (which deals with matters of national environmental significance)—the appropriate Minister of the State or Territory; and (b) publish notice of the decision in accordance with the regulations. Note 1: Section 156 sets out rules about time limits. Note 2: Subparagraph (1)(a)(ii) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157. (1A) In the written notice of the decision, the Minister must also advise the person proposing to take the action that the person may elect under section 132B to submit an action management plan for approval. Note: An action management plan is approved after a decision is made approving the taking of the action. (2) If the Minister decided that the relevant impacts of the action are to be assessed by an accredited assessment process, the written notice and the published notice must specify the process.