(1) The Minister may, by written instrument, suspend the effect of an approval under this Part for the purposes of a specified provision of Part 3 for a specified period (which must not start before the day on which the instrument is made) if the Minister believes on reasonable grounds that:
(a) a significant impact on the matter protected by the provision has occurred because of the contravention of a condition attached to the approval; or
(b) the conditions specified in subsection (2) are satisfied.
(2) The conditions are that:
(a) the action has had, or the Minister believes that the action will have, a significant impact that was not identified in assessing the action on a matter protected by a provision of Part 3 for which the approval has effect; and
(b) the approval would not have been granted if information that the Minister has about that impact had been available when the decision to approve the action was made.
(2A) The Minister may, by written instrument, suspend the effect of an approval under this Part for the purposes of a specified provision of Part 3 for a specified period (which must not start before the day on which the instrument is made) if:
(a) either:
(i) the Minister believes on reasonable grounds that there has been a contravention of a condition attached to the approval; or
(ii) if a condition attached to the approval is to the effect that the approval is subject to a thing being done within a particular time—the Minister believes on reasonable grounds that the thing has not been done within that time; and
(b) the Minister is satisfied that:
(i) the approval would not have been granted without that condition being attached; or
(ii) because of the failure to comply with the requirement, the suspension is reasonably necessary to protect a matter protected by a provision of Part 3 for which the approval has effect.
(3) In deciding whether or not to suspend an approval of the taking of an action by a person, the Minister may have regard to:
(a) the person’s history in relation to environmental matters; and
(b) if the person is a body corporate—the history of its executive officers in relation to environmental matters; and
(c) if the person is a body corporate that is a subsidiary of another body or company (the parent body)—the history in relation to environmental matters of the parent body and its executive officers.
(4) During the specified period, the specified provision of Part 3 applies as if the Minister had not given the approval.
(5) As soon as possible after making the instrument, the Minister must:
(a) give a copy of it to the holder of the approval; and
(b) publish the instrument in accordance with the regulations.
145 Revocation of approval
(1) The Minister may, by written instrument, revoke an approval under this Part for the purposes of a specified provision of Part 3 if:
(a) a significant impact on the matter protected by the provision has occurred because of the contravention of a condition attached to the approval; or
(b) the conditions specified in subsection (2) are satisfied.
(2) The conditions are that:
(a) the action has had, or the Minister believes that the action will have, a significant impact that was not identified in assessing the action on a matter protected by a provision of Part 3 for which the approval has effect; and
(b) the approval would not have been granted if information that the Minister has about that impact had been available when the decision to approve the action was made.
(2A) The Minister may, by written instrument, revoke an approval under this Part of an action for the purposes of a specified provision of Part 3 if he or she believes that:
(a) the impacts that the action has had, will have or is likely to have were not accurately identified in information available to the Minister when the approval was given; and
(b) the information did not accurately identify those impacts because of negligence or a deliberate act or omission by the person proposing to take the action or the designated proponent of the action.
(2B) The Minister may, by written instrument, revoke an approval under this Part for the purposes of a specified provision of Part 3 if:
(a) either:
(i) the Minister believes on reasonable grounds that there has been a contravention of a condition attached to the approval; or
(ii) if a condition attached to the approval is to the effect that the approval is subject to a thing being done within a particular time—the Minister believes on reasonable grounds that the thing has not been done within that time; and
(b) the Minister is satisfied that:
(i) the approval would not have been granted without that condition being attached; or
(ii) because of the failure to comply with the requirement, the revocation is reasonably necessary to protect a matter protected by a provision of Part 3 for which the approval has effect.
(3) In deciding whether or not to revoke an approval of the taking of an action by a person, the Minister may have regard to:
(a) the person’s history in relation to environmental matters; and
(b) if the person is a body corporate—the history of its executive officers in relation to environmental matters; and
(c) if the person is a body corporate that is a subsidiary of another body or company (the parent body)—the history in relation to environmental matters of the parent body and its executive officers.
(4) The revocation takes effect on the day specified in the instrument. The Minister must not specify a day earlier than the day the instrument is made.
(5) As soon as possible after making the instrument, the Minister must:
(a) give a copy of it to the person who was the holder of the approval; and
(b) publish the instrument in accordance with the regulations.
145A Reinstating suspended or revoked approval
Application
(1) This section applies if the Minister has, by written instrument:
(a) suspended an approval under this Part of the taking of an action by a person; or
(b) revoked an approval under this Part of the taking of an action by a person.
Requesting reinstatement of approval
(2) Within 2 months after receiving a copy of the instrument under this Division, the person who was the holder of the approval may request the Minister to reinstate the approval.
Deciding whether to reinstate approval
(3) Within 20 business days of receiving the request, the Minister must decide whether or not to reinstate the approval.
Considerations for decision
(4) Subdivision B of Division 1 applies to the decision whether or not to reinstate the approval in the same way as it applies to a decision whether or not to approve the taking of an action.
Extra time for decision
(5) A day is not to be counted for the purposes of subsection (3) if:
(a) the Minister and the person who was the holder of the approval agree in writing that it should not be counted; or
(b) the Minister has requested the person to provide information under subsection (6) and the day is on or before the day on which the Minister receives the last of the information requested.
Requesting information for decision
(6) If the Minister believes on reasonable grounds that he or she does not have enough information to make an informed decision whether or not to reinstate the approval, the Minister may request the person who was the holder of the approval to provide specified information relevant to making the decision.
Reversal of decision to suspend or revoke approval
(7) If the Minister decides to reinstate the approval, it and any conditions attached to it immediately before the suspension or revocation have effect on and after the day of the decision (subject to any future suspension or revocation under this Division).
Notice of decision about reversal
(8) The Minister must:
(a) give the person who was the holder of the approval written notice of the Minister’s decision; and
(b) publish notice of the decision in accordance with the regulations.
145AA Surrender of approval
(1) The holder of an approval of the taking of an action may, in writing, request the Minister to accept the surrender of the approval.
(2) The Minister must decide whether or not to accept the surrender.
(3) In deciding whether or not to accept the surrender, the Minister may have regard to:
(a) whether the taking of the action has substantially commenced; and
(b) any matter mentioned in subsection 145(3); and
(c) the risks (if any) of the surrender to matters protected by a provision of Part 3 for which the approval has effect; and
(d) any other matter the Minister considers relevant.
(4) The Minister must give the holder written notice of the Minister’s decision as soon as practicable after making the decision.
(5) If the Minister decides to accept the surrender, the Minister must publish the notice:
(a) on the Department’s website; and
(b) in accordance with any other requirements prescribed by the regulations.
(6) If the Minister decides to accept the surrender, the approval is taken to be revoked with effect from the day specified in the notice. The day must not be earlier than the day the notice is published on the Department’s website.
Division 4—Transfer of approvals
145B Transfer with Minister’s consent
Transfer by written agreement
(1) A person (the transferor) who is the holder of an approval under this Part for the purposes of a provision of Part 3 may transfer the approval to another person (the transferee) by written agreement, subject to the Minister’s consent.
Transfer ineffective until Minister consents
(2) The transfer does not have effect for the purposes of this Act until the Minister consents in writing to the transfer. To avoid doubt, the Minister’s consent to a transfer cannot take effect before the Minister gives the consent.
Effect of consent
(3) If the Minister consents to the transfer:
(a) this Act (except Division 3) operates in relation to the transferor as if the Minister had revoked the approval when the Minister’s consent took effect; and
(b) this Act operates in relation to the transferee as if, when the Minister’s consent to the transfer took effect, he or she:
(i) had approved under this Part for the purposes of the provision of Part 3 the taking of the action by the transferee; and
(ii) had attached to the approval the conditions that were attached to the approval of the taking of the action by the transferor.
Considerations in deciding whether to consent
(4) In deciding whether or not to consent to the transfer, the Minister may consider:
(a) whether the transferee would be a suitable person to be granted the approval, having regard to:
(i) the transferee’s history in relation to environmental matters; and
(ii) if the transferee is a body corporate—the history of its executive officers in relation to environmental matters; and
(iii) if the transferee is a body corporate that is a subsidiary of another body or company (the parent body)—the history in relation to environmental matters of the parent body and its executive officers; and
(b) whether the transferee can comply with the conditions attached to the approval.
Giving copies of consents to transferor and transferee
(5) The Minister must give the transferor and the transferee a copy of the consent each.
Division 5—Extension of period of effect of approval
145C Application to Minister to extend period of effect of approval
(1) Subject to subsection (2), the holder of an approval under this Part may apply, in writing, to the Minister to extend the period (the approval period) for which the approval has effect.
(2) Subsection (1) does not apply if:
(a) the approval has been suspended or revoked under this Part and has not been reinstated; or
(b) the approval has otherwise ceased to have effect.
(3) An application under subsection (1) must include the information (if any) prescribed by the regulations.
145D Minister must decide whether or not to extend approval period
(1) Within 20 business days after receiving an application under subsection 145C(1), the Minister must decide, in writing, whether or not to extend the approval period.
Note: The Minister may request further information for the purpose of making a decision under this subsection. See section 145E.
(2) The Minister may decide to extend the approval period only if the Minister is satisfied that the extension will not result in a substantial increase in, or substantial change in the nature of, the adverse impacts (if any) the action:
(a) has or will have; or
(b) is likely to have;
on the matter protected by each provision of Part 3 for which the approval has effect.
(3) In considering the matter referred to in subsection (2), the Minister must consider the following, so far as they are not inconsistent with any other requirement of this Division:
(a) matters relevant to any matter protected by a provision of Part 3 for which the approval has effect;
(b) economic and social matters.
(4) As soon as possible after deciding whether or not to extend the approval period, the Minister must:
(a) give a copy of the decision to the holder of the approval; and
(b) if the decision is to extend the approval period—publish the decision in accordance with the regulations.
145E Minister may request further information for making decision
(1) If the Minister believes on reasonable grounds that he or she does not have enough information to decide whether or not to extend the approval period, the Minister may request the holder of the approval to provide specified information relevant to making the decision.
(2) If the Minister has requested more information under subsection (1), a day is not to be counted as a business day for the purposes of subsection 145D(1) if it is:
(a) on or after the day the Minister requested the information; and
(b) on or before the day on which the Minister receives the last of the information requested.
Part 10—Strategic assessments
Division 1—Strategic assessments generally
Subdivision A—Assessment of actions to be taken in accordance with policy, plan or program
146 Minister may agree on strategic assessment
(1) The Minister may agree in writing with a person responsible for the adoption or implementation of a policy, plan or program that an assessment be made of the impacts of actions under the policy, plan or program on a matter protected by a provision of Part 3.
(1A) The agreement may also provide for the assessment of other certain and likely impacts of actions under the policy, plan or program if:
(a) the actions are to be taken in a State or self‑governing Territory; and
(b) the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the assessment deal with those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the actions; and
(c) the actions:
(i) are to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or
(ii) are actions whose regulation is appropriate and adapted to give effect to Australia’s obligation under an agreement with one or more other countries.
Note: Paragraph (1A)(a) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
(1B) The agreement must provide for:
(a) the preparation of terms of reference for a report on the impacts to which the agreement relates; or
(b) all of the following:
(i) the preparation of draft terms of reference for a report on the impacts to which the agreement relates;
(ii) the publication of the draft terms of reference for public comment for a period of at least 28 days that is specified by the Minister;
(iii) the finalisation of the terms of reference, to the Minister’s satisfaction, taking into account the comments (if any) received on the draft terms of reference.
(2) The agreement must provide for:
(a) the preparation of a draft of a report on the impacts to which the agreement relates; and
(b) the publication of the draft report for public comment for a period of at least 28 days that is specified by the Minister; and
(c) the finalisation of the report, taking into account the comments (if any) received after publication of the draft report; and
(d) the provision of the report to the Minister; and
(e) the making of recommendations by the Minister to the person about the policy, plan or program (including recommendations for modification of the policy, plan or program); and
(f) the endorsement of the policy, plan or program by the Minister if he or she is satisfied that:
(i) the report adequately addresses the impacts to which the agreement relates; and
(ii) either the recommended modifications of the policy, plan or program (if any) have been made or any modifications having the same effect have been made; and
(g) any other matter prescribed by the regulations.
Note 1: If the impacts of actions under a policy, plan or program are assessed under an agreement under this Part, the Minister may decide on a less onerous approach for an assessment relating to an individual action under the policy, plan or program. See section 87.
Note 2: If the Minister endorses a policy, plan or program embodied in a management arrangement or an authorisation process, the Minister may declare under section 33, or make a bilateral agreement declaring, that actions approved in accordance with the management arrangement or authorisation process do not need approval for the purposes of a specified provision of Part 3.
(3) If the agreement relates to actions to be taken in a State or self‑governing Territory, the Minister must tell the appropriate Minister of the State or Territory: