5CSuitability of offshore project proposal for publication

#### 5C Suitability of offshore project proposal for publication (1) Within 30 days after a proponent submits an offshore project proposal: (a) if the Regulator is reasonably satisfied that the proposal meets the criteria set out in subregulation (2), the Regulator must decide that the proposal is suitable for publication; or (b) if the Regulator is not reasonably satisfied that the proposal meets the criteria set out in subregulation (2), the Regulator must decide that the proposal is not suitable for publication; or (c) if the Regulator is unable to make a decision on the proposal within the 30 day period, the Regulator must give the proponent notice in writing and set out a proposed timetable for consideration of the proposal. (2) For subregulation (1), the criteria for a proposal being suitable for publication are that the proposal: (a) appropriately identifies and evaluates the environmental impacts and risks of the project; and (b) sets out environmental performance outcomes that are: (i) consistent with the principles of ecologically sustainable development; and (ii) relevant to the identified environmental impacts and risks for the project; and (c) does not involve an activity or part of an activity being undertaken in any part of a declared World Heritage property within the meaning of the EPBC Act; and (d) sufficiently addresses the matters required by regulation 5A. (3) If the Regulator decides that the offshore project proposal is suitable for publication, the Regulator must, as soon as practicable: (a) publish the proposal on the Regulator’s website; and (b) publish in the same place a notice: (i) inviting the public to comment on the proposal; and (ii) specifying a period of at least 4 weeks for giving comments; and (iii) explaining how to give comments. (4) If the Regulator decides that the offshore project proposal is not suitable for publication, the Regulator must notify the proponent, in writing, of the decision as soon as practicable. (5) A decision by the Regulator that the proposal is, or is not, suitable for publication is not invalid only because the Regulator did not comply with the 30 day period in subregulation (1) in relation to the proposal.