78Reconsideration of decision

78  Reconsideration of decision

Limited power to vary or substitute decisions

 (1) The Minister may revoke a decision (the first decision) made under subsection 75(1) about an action and substitute a new decision under that subsection for the first decision, but only if:

 (a) the Minister is satisfied that the revocation and substitution is warranted by the availability of substantial new information about the impacts that the action:

  on a matter protected by a provision of Part 3; or

 (aa) the Minister is satisfied that the revocation and substitution is warranted by a substantial change in circumstances that was not foreseen at the time of the first decision and relates to the impacts that the action:

  on a matter protected by a provision of Part 3; or

 (b) the following requirements are met:

 (i) the first decision was that the action was not a controlled action because the Minister believed the action would be taken in the manner identified under subsection 77A(1) in the notice given under section 77;

 (ii) the Minister is satisfied that the action is not being, or will not be, taken in the manner identified; or

 (ba) the following requirements are met:

 (i) the first decision was that the action was not a controlled action because of a provision of a bilateral agreement and a management arrangement or an authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process for the purposes of the agreement;

 (ii) the provision of the agreement no longer operates in relation to the action, or the management arrangement or authorisation process is no longer in force under, or set out in, a law of a State or a self‑governing Territory identified in or under the agreement; or

 (c) the following requirements are met:

 (i) the first decision was that the action was not a controlled action because of a declaration under section 33 and a management arrangement or an authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration;

 (ii) the declaration no longer operates in relation to the action, or the management arrangement or authorisation process is no longer in operation under, or set out in, a law of the Commonwealth identified in or under the declaration; or

 (ca) the following requirements are met:

 (i) the first decision was that the action was not a controlled action because of a declaration under section 37A and a bioregional plan to which the declaration relates;

 (ii) the declaration no longer operates in relation to the action, or the bioregional plan is no longer in force; or