Part 9Approval of actions

Part 9—Approval of actions Division 1—Decisions on approval and conditions Subdivision A—General 130  Timing of decision on approval Basic rule  (1) The Minister must decide whether or not to approve, for the purposes of each controlling provision for a controlled action, the taking of the action.  (1A) The Minister must make the decision within the relevant period specified in subsection (1B) that relates to the controlled action, or such longer period as the Minister specifies in writing.  (1B) The relevant period, in relation to a controlled action, is as follows:  (a) if the action is the subject of an assessment report—the period of 30 business days beginning on the first business day after the Minister receives the assessment report;  (b) if Division 3A of Part 8 (assessment on referral information) applies to the action—the period of 20 business days beginning on the first business day after the Minister receives the finalised recommendation report under subsection 93(5);  (c) if Division 4 of Part 8 (assessment on preliminary documentation) applies to the action—the period of 40 business days beginning on the first business day after the Minister receives the documents under subsection 95B(1) or the statement under subsection 95B(3), as the case requires;  (d) if Division 5 (public environment reports) or Division 6 (environmental impact statements) of Part 8 applies to the action—the period of 40 business days beginning on the first business day after the Minister receives the finalised public environment report or the finalised environmental impact statement, as the case requires;  (e) if a commission has conducted an inquiry relating to the action—the period of 40 business days beginning on the first business day after the Minister receives the report of the commission. What is an assessment report?  (2) An assessment report is a report given to the Minister as described in:  (a) subsection 47(4) (about assessments under a bilateral agreement); or  (b) subsection 84(3) (about assessments in a manner specified in a declaration); or  (c) subsection 87(4) (about assessments by accredited assessment processes). Notice of extension of time  (4) If the Minister specifies a longer period for the purposes of subsection (1A), he or she must:  (a) give a copy of the specification to the person proposing to take the action; and  (b) publish the specification in accordance with the regulations. Time does not run while awaiting advice from Independent Expert Scientific Committee  (4A) If, under section 131AB, the Minister is required to obtain advice from the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development before making a decision whether or not to approve the taking of an action, a day is not to be counted as a business day for the purposes of subsection (1B) if it is:  (a) on or after the day the Minister requested the advice; and  (b) on or before the day on which the Minister obtains the advice. Time does not run while further information is sought  (5) If, under section 132, the Minister has requested more information for the purposes of making a decision whether or not to approve the taking of an action, a day is not to be counted as a business day for the purposes of subsection (1B) if it is: 131  Inviting comments from other Ministers before decision  (1) Before the Minister (the Environment Minister) decides whether or not to approve, for the purposes of a controlling provision, the taking of an action, and what conditions (if any) to attach to an approval, he or she must:  (a) inform any other Minister whom the Environment Minister believes has administrative responsibilities relating to the action of the decision the Environment Minister proposes to make; and  (b) invite the other Minister to give the Environment Minister comments on the proposed decision within 10 business days.  (2) A Minister invited to comment may make comments that:  (a) relate to economic and social matters relating to the action; and  (b) may be considered by the Environment Minister consistently with the principles of ecologically sustainable development. This does not limit the comments such a Minister may give. 131AA  Inviting comments before decision from person proposing to take action and designated proponent  (1) Before the Minister decides whether or not to approve, for the purposes of a controlling provision, the taking of an action, and what conditions (if any) to attach to an approval, he or she must:  (a) inform the person proposing to take the action, and the designated proponent of the action (if the designated proponent is not the person proposing to take the action), of:  (i) the decision the Minister proposes to make; and  (ii) if the Minister proposes to approve the taking of the action—any conditions the Minister proposes to attach to the approval; and  (b) invite each person informed under paragraph (a) to give the Minister, within 10 business days (measured in Canberra), comments in writing on the proposed decision and any conditions.  (2) If the Minister proposes not to approve, for the purposes of a controlling provision, the taking of the action, the Minister must provide to each person informed under paragraph (1)(a), with the invitation given under paragraph (1)(b):  (a) a copy of whichever of the following documents applies to the action:  (i) an assessment report;  (ii) a finalised recommendation report given to the Minister under subsection 93(5);  (iii) a recommendation report given to the Minister under section 95C, 100 or 105; and  (b) any information relating to economic and social matters that the Minister has considered; and  (c) any information relating to the history of a person in relation to environmental matters that the Minister has considered under subsection 136(4); and  (d) a copy of any document, or part of a document, containing information of a kind referred to in paragraph 136(2)(e) that the Minister has considered.  (3) The Minister is not required to provide under subsection (2):  (a) information that is in the public domain; or  (b) a copy of so much of a document as is in the public domain; or  (c) in the case of information referred to in paragraph (2)(b) or (c)—any conclusions or recommendations relating to that information included in documents or other material prepared by the Secretary for the Minister.  (4) The Minister must not provide under subsection (2):  (a) a copy of so much of a document as:  (i) is an exempt document under subparagraph 33(a)(i) of the Freedom of Information Act 1982 (documents affecting national security, defence or international relations); or  (ia) is a conditionally exempt document under section 47C of that Act (deliberative processes) to which access would, on balance, be contrary to the public interest for the purposes of subsection 11A(5) of that Act; or  (ii) the Minister is satisfied contains information that is commercial‑in‑confidence; or  (b) information that:  (i) is of such a nature that its inclusion in a document would cause that document to be an exempt document of the kind referred to in subparagraph (a)(i); or  (ii) the Minister is satisfied is commercial‑in‑confidence.  (5) The Minister must not be satisfied that information (including information in a document) is commercial‑in‑confidence unless a person demonstrates to the Minister that:  (a) release of the information would cause competitive detriment to the person; and  (b) the information is not in the public domain; and  (c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and  (d) the information is not readily discoverable.  (6) In deciding whether or not to approve, for the purposes of a controlling provision, the taking of the action, the Minister must take into account any relevant comments given to the Minister in response to an invitation given under paragraph (1)(b).  (7) This section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to:  (a) the Minister’s decision under section 133 whether or not to approve, for the purposes of a controlling provision, the taking of the action; and  (b) if the decision is to approve, for the purposes of a controlling provision, the taking of the action, and the Minister decides, under section 134, to attach conditions to the approval—the Minister’s decision under section 134 to attach those conditions to the approval. 131AB  Minister must obtain advice from Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development  (a) the taking of an action, for the purposes of a controlling provision, involves:  (b) the Minister believes that the taking of the action:  (i) is likely to have a significant impact on water resources, including any impacts of associated salt production and/or salinity; and  (ii) may have an adverse impact on a matter protected by a provision of Part 3.  (2) Before the Minister decides whether or not to approve, for the purposes of the controlling provision, the taking of the action, the Minister must obtain the advice of the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development.