79EDetermination that certain reconsidered actions may continue to be taken

79E  Determination that certain reconsidered actions may continue to be taken When determination may be made  (1) If all of the following apply:  (a) the Minister makes a decision (the first decision) under subsection 75(1) that an action that is the subject of a proposal (the original proposal) referred to the Minister is not a controlled action;  (b) the Minister revokes the first decision under subsection 78(1) or 79C(1) and substitutes the first decision with a decision (the subsequent decision) under subsection 75(1) that:  (i) the action is a controlled action; and  (ii) one or more provisions of Part 3 are controlling provisions for the action;  (c) the taking of the action commences before the subsequent decision is made;  (d) the Minister is satisfied, based on information before the Minister at the time of making the determination, that allowing the action to continue in accordance with any conditions specified under subsection (2) would not be inconsistent with Australia’s obligations under a designated international agreement; then the Minister may determine, in writing, that the action may continue to be taken. Note: In some cases the first decision may have been that an action is 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. Content of determination  (2) The determination may specify conditions to which the taking of the action is subject.  (3) The Minister must be satisfied that any conditions specified for the purposes of subsection (2) are necessary or convenient for:  (a) protecting from the action any matter protected by a provision of Part 3 of this Act that the Minister has decided is a controlling provision for the action; or  (b) repairing or mitigating damage that may or will be, or has been, caused by the action to any matter protected by a provision of Part 3 that the Minister has decided is a controlling provision for the action.  (4) The determination must specify a day on which the determination ceases to be in force. Note: The determination may cease to be in force earlier than the specified day (see paragraphs (7)(a) to (g)).  (5) The determination must specify a period within which the original proposal may be withdrawn and a new proposal referred. Note: This period is relevant to the determination continuing despite withdrawal of the original proposal (see paragraph 170C(5)(b)). Variation of determination  (6) The Minister may, in writing, vary the determination to specify:  (a) different conditions for the purposes of subsection (2); or  (b) a later day for the purposes of subsection (4) or (5). When determination ceases to be in force  (7) The determination ceases to be in force at the time the first of the following occurs after the determination is made:  (a) the Minister decides under Part 9 whether to approve the taking of the action;  (b) if the Minister accepts a variation of the original proposal under section 156B—the Minister decides under Part 9 whether to approve the taking of the action that is the subject of the varied proposal;  (c) if subsection 170C(5) applies in relation to the determination—the Minister decides under section 75 that the new action referred to in subsection 170C(5) is not a controlled action;  (d) if subsection 170C(5) applies in relation to the determination—the Minister decides under Part 9 whether to approve the taking of the new action referred to in subsection 170C(5);  (e) if subsection 170C(5) applies in relation to the determination and a variation of the proposal to take the new action is accepted by the Minister under section 156B—the Minister decides under section 75 that the action that is the subject of the varied proposal is not a controlled action;  (f) if subsection 170C(5) applies in relation to the determination and a variation of the proposal to take the new action is accepted by the Minister under section 156B—the Minister decides under Part 9 whether to approve the taking of the action that is the subject of the varied proposal;  (g) the end of the day specified in the determination for the purposes of subsection (4). Notice of making, or varying, determination  (8) Within 10 business days after making a determination under subsection (1), or varying a determination under subsection (6), in relation to the taking of an action, the Minister must give written notice of the making of the determination or variation to:  (a) the person taking the action; and  (b) the designated proponent of the action (if the designated proponent of the action is not the person taking the action). Publication of determination  (9) The Minister must publish a copy of a determination made under subsection (1), or a variation made under subsection (6), on the Department’s website as soon as practicable after giving notice of the determination or variation under subsection (8). Determination or variation not a legislative instrument  (10) A determination under subsection (1), or a variation under subsection (6), is not a legislative instrument. Part 8—Assessing impacts of controlled actions Division 1—Simplified outline of this Part 80  Simplified outline of this Part   The following is a simplified outline of this Part: This Part provides for the assessment of impacts of controlled actions, to provide information for decisions whether or not to approve the taking of the actions. However, this Part does not apply to actions that a bilateral agreement or Ministerial declaration says are to be assessed in another way. For actions that are to be assessed under this Part, the Minister must choose one of the following methods of assessment:  (a) an accredited assessment process;  (aa) an assessment on referral information (see Division 3A);  (b) an assessment on preliminary documentation (see Division 4);  (c) a public environment report (see Division 5);  (d) an environmental impact statement (see Division 6);  (e) a public inquiry (see Division 7). Division 2—Application of this Part