EPBC Act Policy Statement - Reconsideration: Implementing the requirements of sections 78, 78A, 78B and 78C of the EPBC Act

Department of Sustainability, Environment, Water, Population and Communities, 2013

BIO276.0613

Overview

This Policy Statement describes the process and grounds for the reconsideration of referred decision made under the EPBC Act. Decisions made under section 75 of the EPBC Act ('whether or not the action is a controlled action') can only be reconsidered in a limited set of circumstances. The ability to reconsider a decision is an important provision of the EPBC Act, as it is the only way to revoke and remake a decision made under section 75.

The EPBC Act does not set a time limit for processing reconsideration requests. However, requests must be processed as soon as practicable. The timeframe for processing requests will depend on the individual facts and circumstances of a request.