74Reconsideration of decision—international activities

74  Reconsideration of decision—international activities

 (1) The Minister may reconsider a decision under subsection 71(1) about whether an international activity is a controlled activity if:

 (a) a comment or recommendation has been provided to the Minister in response to the decision by:

 (i) a party to the BBNJ Agreement; or

 (ii) the Scientific and Technical Body; and

 (b) the Minister is satisfied, having regard to the comment or recommendation, that it is appropriate to do so.

 (2) After reconsidering the decision, the Minister must:

 (a) affirm the decision; or

 (b) set the decision aside and substitute a new decision.

Notification of new decision

 (3) If the Minister decides on reconsideration to set the decision aside and substitute a new decision, the Minister must:

 (a) give the proponent of the activity written notice of the substituted decision and the reasons for the substituted decision; and

 (b) publish a copy of the notice on the Department’s website.

Note: If the substituted decision is that the activity is a controlled activity, an application may be made to the Administrative Review Tribunal for review of the decision.

When reconsideration decision takes effect

 (4) A decision on reconsideration under this section takes effect on the day after it is made.