Environment Protection and Biodiversity Conservation Regulations 2025
3Deciding on the assessment approach
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3 Deciding on the assessment approach
3.01 This item applies if the specified manner of assessment provides for the decision‑maker to choose between assessment approaches corresponding to assessment approaches mentioned in paragraph 3.02(b) of the Regulations.
3.01A The decision‑maker, in selecting an assessment approach for an action, has information that he or she considers to be sufficient to make the decision.
3.02 The decision‑maker, in selecting an assessment approach for an action, considers criteria equivalent to the criteria that are:
(a) mentioned in any guidelines published under subsection 87(6) of the Act; and
(b) are relevant to the decision.
3.03 An action is assessed using an approach corresponding to assessment on preliminary documentation under Division 4 of Part 8 of the Act only if:
(a) the Minister has been given an opportunity to ask that another assessment approach be used and the Minister has not done so; or
(b) the Minister has agreed in writing that the assessment approach be used.