Section 93 — Environment Protection and Biodiversity Conservation Act 1999: Recommendation report

(1) The Secretary must comply with this section within 30 business days after the Minister makes the decision under section 87. (2) The Secretary must prepare a draft recommendation report that includes recommendations on: (a) whether the taking of the action should be approved under Part 9; and (b) if approval is recommended, any conditions that should be attached to the approval. (3) The Secretary must publish on the internet: (a) the draft recommendation report; and (b) an invitation for anyone to give the Secretary, within 10 business days (measured in Canberra), comments in writing relating to the draft recommendation report or the action. (3A) The Secretary may refuse to publish on the internet, under subsection (3), so much of the draft recommendation report as: (a) is: (i) an exempt document under subparagraph 33(a)(i) of the Freedom of Information Act 1982 (documents affecting national security, defence or international relations); or (ii) a conditionally exempt document under section 47C of that Act (deliberative processes) to which access would, on balance, be contrary to the public interest for the purposes of subsection 11A(5) of that Act; or (b) the Secretary is satisfied is commercial-in-confidence. (3B) The Secretary must not be satisfied that a part of the draft recommendation report is commercial-in-confidence unless a person demonstrates to the Secretary that: (a) release of the information in that part would cause competitive detriment to the person; and (b) the information in that part is not in the public domain; and (c) the information in that part is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and (d) the information in that part is not readily discoverable. (4) After the end of the period for comment, the Secretary must finalise the draft recommendation report, taking account of any comments received within that period. (5) As soon as practicable after finalising the draft recommendation report, the Secretary must give the Minister: (a) the finalised recommendation report; and (b) either: (i) a copy of any comments received within the period for comment; or (ii) if no comments were received within that period—a written statement to that effect.