88ZDecision on referrals that are taken to be applications

#### 88Z Decision on referrals that are taken to be applications (2) The Authority must not make a decision in relation to an EPBC referral deemed application involving an action unless: (a) the Minister has determined under section 75 of the Environment Protection and Biodiversity Conservation Act 1999 that the action is not a controlled action; or (b) if the Minister has determined that the action is a controlled action—the Minister has made a decision under section 133 of the Environment Protection and Biodiversity Conservation Act 1999 to approve the action in the referral. (3) The Authority must make a decision in relation to the EPBC referral deemed application: (a) if paragraph (2)(a) applies—within a reasonable period after the making of the determination mentioned in paragraph (2)(a); and (b) if paragraph (2)(b) applies—within the period of 10 business days after the making of the decision mentioned in paragraph (2)(b), unless subregulation (4) applies. (4) The Authority may extend the period mentioned in paragraph (3)(b) by giving the applicant a notice in writing specifying the period within which it will make a decision on the EPBC referral deemed application. (5) The notice must be given to the applicant before the end of the period mentioned in paragraph (3)(b).