Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001
84At the end of section 70
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84 At the end of section 70
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Deemed referral of proposal
(a) the Minister has made a request under subsection (1); and
(b) the period for compliance with the request has ended; and
(c) the requested person has not referred the proposal to the Minister in accordance with the request;
the Minister may, within 20 business days after the end of that period, determine in writing that this Act has effect as if:
(d) if paragraph (1)(a) applies—the requested person had referred the proposal to the Minister under subsection 68(1) at the time the determination was made; or
(e) if paragraph (1)(b) applies—the requested person had referred the proposal to the Minister under subsection 69(1) at the time the determination was made.
(4) A determination under subsection (3) has effect accordingly.
(5) A copy of a determination under subsection (3) is to be given to the requested person.
(6) Subsection 68(3) and section 72 do not apply to a referral covered by subsection (3) of this section.
(7) Despite subsection 74(4), section 74 applies to a referral covered by subsection (3) of this section.
(8) Subsection 74(3) applies to a referral covered by subsection (3) of this section as if the reference in paragraph 74(3)(a) to the referral were a reference to the determination concerned.