Commonwealth Consolidated Acts Commonwealth Consolidated ActsApproval
(1) After receiving the assessment documentation relating to a controlled action, or the report of a commission that has conducted an inquiry relating to a controlled action, the Minister may approve for the purposes of a controlling provision the taking of the action by a person.
(1A) If the referral of the proposal to take the action included alternative proposals relating to any of the matters referred to in subsection 72(3), the Minister may approve, for the purposes of subsection (1), one or more of the alternative proposals in relation to the taking of the action.
Content of approval
(2) An approval must:
(a) be in writing; and
(b) specify the action (including any alternative proposals approved under subsection (1A)) that may be taken; and
(c) name the person to whom the approval is granted; and
(d) specify each provision of Part 3 for which the approval has effect; and
(e) specify the period for which the approval has effect; and
(f) set out the conditions attached to the approval.
Note: The period for which the approval has effect may be extended. See Division 5.
Persons who may take action covered by approval
(2A) An approval granted under this section is an approval of the taking of the action specified in the approval by any of the following persons:
(a) the holder of the approval;
(b) a person who is authorised, permitted or requested by the holder of the approval, or by another person with the consent or agreement of the holder of the approval, to take the action.
Notice of approval
(3) The Minister must:
(a) give a copy of the approval to the person named in the approval under paragraph 133(2)(c); and
(b) provide a copy of the approval to a person who asks for it (either free or for a reasonable charge determined by the Minister).
Limit on publication of approval
(4) However, the Minister must not provide under subsection (3) a copy of so much of the approval as:
(a) is:
(i) an exempt document under section 47 of the Freedom of Information Act 1982 (trade secrets etc.); or
(ii) a conditionally exempt document under section 47G of that Act (business documents) to which access would, on balance, be contrary to the public interest for the purposes of subsection 11A(5) of that Act; or
(b) the Minister believes it is in the national interest not to provide.
The Minister may consider the defence or security of the Commonwealth when determining what is in the national interest. This does not limit the matters the Minister may consider.
Notice of refusal of approval
(7) If the Minister refuses to approve for the purposes of a controlling provision the taking of an action by the person who proposed to take the action, the Minister must give the person notice of the refusal.
Note: Under section 13 of the Administrative Decisions (Judicial Review) Act 1977 , the person may request reasons for the refusal, and the Minister must give them.
(8) In this section:
"assessment documentation" , in relation to a controlled action, means:
(a) if the action is the subject of an assessment report--that report; or
(b) if Division 3A of Part 8 (assessment on referral information) applies to the action:
(i) the referral of the proposal to take the action; and
(ii) the finalised recommendation report relating to the action given to the Minister under subsection 93(5); or
(c) if Division 4 of Part 8 (assessment on preliminary documentation) applies to the action:
(i) the documents given to the Minister under subsection 95B(1), or the statement given to the Minister under subsection 95B(3), as the case requires, relating to the action; and
(ii) the recommendation report relating to the action given to the Minister under section 95C; or
(d) if Division 5 of Part 8 (public environment reports) applies to the action:
(i) the finalised public environment report relating to the action given to the Minister under section 99; and
(ii) the recommendation report relating to the action given to the Minister under section 100; or
(e) if Division 6 of Part 8 (environmental impact statements) applies to the action:
(i) the finalised environmental impact statement relating to the action given to the Minister under section 104; and
(ii) the recommendation report relating to the action given to the Minister under section 105.