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Environment Protection and Biodiversity Conservation Act 1999
66Simplified outline of this Chapter
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66 Simplified outline of this Chapter
The following is a simplified outline of this Chapter:
This Chapter deals with assessment and approval of actions that Part 3 prohibits without approval (controlled actions). (It does not deal with actions that a bilateral agreement declares not to need approval.)
A person proposing to take an action, or a government body aware of the proposal, may refer the proposal to the Minister so he or she can decide:
(a) whether his or her approval is needed to take the action; and
(b) how to assess the impacts of the action to be able to make an informed decision whether or not to approve the action.
An assessment may be done using:
(a) a process laid down under a bilateral agreement; or
(b) a process specified in a declaration by the Minister; or
(c) a process accredited by the Minister; or
(ca) information included in the referral; or
(d) preliminary documentation provided by the proponent; or
(e) a public environment report; or
(f) an environmental impact statement; or
(g) a public inquiry.
Once the report of the assessment is given to the Minister, he or she must decide whether or not to approve the action, and what conditions to attach to any approval.
Part 7—Deciding whether approval of actions is needed
Division 1—Referral of proposals to take action
67 What is a controlled action?
An action that a person proposes to take is a controlled action if the taking of the action by the person without approval under Part 9 for the purposes of a provision of Part 3 would be (or would, but for section 25AA or 28AB, or but for a determination made under section 79E, be) prohibited by the provision. The provision is a controlling provision for the action.