191Referral of matter protected by the Commonwealth

191 Referral of matter protected by the Commonwealth (a) a decision-maker proposes under section 185 to approve a development application (with or without a condition); and (b) the proposed development is likely to have a significant adverse environmental impact on a matter protected by the (2) Before the decision-maker may approve the application, the decision-maker must refer the proposed decision to the Commonwealth Minister responsible for administering the EPBC Act.

(3) If the Commonwealth Minister does not give the decision-maker advice about the proposed decision within 10 working days after the day the decision-maker gives the application to the Commonwealth Minister, the decision-maker may approve the application. Note If the Commonwealth Minister gives the decision-maker advice about the proposed approval, development approval must not be given unless the development proposal is consistent with the advice (see s 189 (1) (e)).