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the agreement no longer operates in relation to the action, or the management arrangement or authorisation process is no longer in force under, or set out in, a law of a State or a self‑governing Territory identified in or under the agreement; or  (c) the following requirements are met:  (i) the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  (d) the Minister is requested under section 79 to reconsider the decision. Note 1: Subsection 75(1) provides for decisions about whether an action is a controlled action and what the controlling provisions for the action are. Note 2: A person (other than a Minister of a State or self‑governing Territory) may request the Minister to reconsider a decision made under subsection 75(1) about an action on the basis of a matter referred to in any of paragraphs 78(1)(a) to (ca). See section 78A. Note 3: If the Minister decides to revoke a decision under subsection (1) and substitute a new decision for it, the Minister is not required to carry out the processes referred to in sections 73 and 74 again before making the new decision. Note 4: The Minister may also revoke a first decision and substitute a new decision under section 79C (reconsideration of decision that action is not controlled action because taken in particular manner). Reversing decision that provision of Part 3 is not controlling provision  (2) A provision of Part 3 letting an action be taken if the Minister has decided that a particular provision (the prohibiting provision) of that Part is not a controlling provision for the action does not prevent the Minister from acting under subsection (1) to revoke a decision that the prohibiting provision is not a controlling provision for an action and substitute a decision that the prohibiting provision is a controlling provision for the action. Decision not to be revoked after approval granted or refused or action taken  (3) The Minister must not revoke the first decision after:  (a) the Minister has granted or refused an approval of the taking of the action; or  (b) the action is taken. Decision not to be revoked in certain circumstances  (3A) The Minister must not revoke the first decision if:  (a) 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; and  (b) the identified manner included that the action would be taken in accordance with a management arrangement made, approved or administered by the government of a State or self‑governing Territory; and  (c) the action is being taken; and  (d) either:  (i) if the Minister is requested under subsection 78A(1) to reconsider the decision—at the time the request is made, the way in which the action is being taken has been ongoing or recurring for at least 5 years; or  (ii) otherwise—the way in which the action is being taken has been ongoing or recurring for at least 5 years. General effect of change of decision  (4) When the first decision is revoked and a new decision is substituted for it:  (a) any provisions of this Chapter that applied in relation to the action because of the first decision cease to apply in relation to the action; and  (b) any provisions of this Chapter that are relevant because of the new decision apply in relation to the action. Change of designation of proponent  (5) If the Minister believes a person (the first proponent) designated under section 75 as proponent of an action is no longer an appropriate person to be the designated proponent of the action, the Minister may revoke the designation and designate another person (the later proponent) as proponent of the action. Consent to designation  (6) The Minister may designate the other person as proponent of the action only if:  (a) he or she consents to it and the person proposing to take the action agrees to it; or  (b) the other person is the person proposing to take the action. Effect of change of designated proponent  (7) If the Minister revokes the designation of the first proponent and designates the later proponent:  (a) the provisions of this Chapter that applied to the first proponent cease to apply to the first proponent in relation to the action but apply to the later proponent; and  (b) for the purposes of those provisions the later proponent is taken to have done anything the first proponent did in relation to the action; and  (c) for the purposes of those provisions anything done in relation to the first proponent in relation to the action is taken to have been done in relation to the later proponent.