75Does the proposed action need approval?

75  Does the proposed action need approval?

Is the action a controlled action?

 (1) The Minister must decide:

 (a) whether the action that is the subject of a proposal referred to the Minister is a controlled action; and

 (b) which provisions of Part 3 (if any) are controlling provisions for the action.

Note: The Minister may revoke a decision made under subsection (1) about an action and substitute a new decision. See section 78.

 (1AA) To avoid doubt, the Minister is not permitted to make a decision under subsection (1) in relation to an action that was the subject of a referral that was not accepted under subsection 74A(1).

Minister must consider public comment

 (1A) In making a decision under subsection (1) about the action, the Minister must consider the comments (if any) received:

 (a) in response to the invitation under subsection 74(3) for anyone to give the Minister comments on whether the action is a controlled action; and

Considerations in decision

 (2) If, when the Minister makes a decision under subsection (1), it is relevant for the Minister to consider the impacts of an action:

 (a) the Minister must consider all adverse impacts (if any) the action:

  on the matter protected by each provision of Part 3; and

 (b) must not consider any beneficial impacts the action:

  on the matter protected by each provision of Part 3.

Note: Impact is defined in section 527E.

 (2A) For the purposes of subsection (2), if the provision of Part 3 is subsection 15B(3), 15C(5), 15C(6), 23(1), 24A(1), 24D(3), 24E(3), 26(1) or 27A(1), then the impacts of the action on the matter protected by that provision are only those impacts that the part of the action that is taken in or on a Commonwealth area, a Territory, a Commonwealth marine area or Commonwealth land:

 (2AA) For the purposes of subsection (2), if the provision of Part 3 is subsection 24B(1) or 24C(1) or (3), then the impacts of the action on the matter protected by that provision are only those impacts that the part of the action that is taken in the Great Barrier Reef Marine Park:

 (2B) Without otherwise limiting any adverse impacts that the Minister must consider under paragraph (2)(a), the Minister must not consider any adverse impacts of:

 (a) any RFA forestry operation to which, under Division 4 of Part 4, Part 3 does not apply; or

 (b) any forestry operations in an RFA region that may, under Division 4 of Part 4, be undertaken without approval under Part 9.

Designating a proponent of the action

 (3) If the Minister decides that the action is a controlled action, the Minister must designate a person as proponent of the action.