Reconsideration Requests under s 78A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Section 78A of the Environmental Protection and Biodiversity Conservation Act (1999) (Cth) (EPBC Act) enables members of the public to ask the Commonwealth Minister for the Environment (Minister) to reconsider a decision made under s 75 of the Act.
Key takeaways
- A person may make a request under s 78A of the EPBC Act for the Minister to
reconsider a controlled action decision, on the basis that:- there is substantial new information available
- there has been a substantial change in circumstances
- the decision was made on the basis the action would be taken in a specific
manner, and the action is not being or will not be taken in that manner
- The Minister must revoke the decision and make a new decision if the request
demonstrates one of these grounds for changing the decision is satisfied and
revocation and substitution of the decision is warranted in the circumstances. - A reconsideration request must be made after a controlled action decision has
been made, and before a final approval decision has been made. - You may access information relevant to making a request on the EPBC Act Public
Portal, and by making requests for reasons or freedom of information requests. - EDO has prepared a template request that you may use – see Appendix A.
