Peter Garrett (Kingsford Smith, Australian Labor Party, Minister for the Environment, Heritage and the Arts) Share this | Hansard source

I move:

That the amendment be agreed to.

The government amendment that is being considered today will enable an application to be made to the Administrative Appeals Tribunal for a review of a decision of the minister to refuse to vary an approval. Given that a decision to grant an approval and a decision to vary or revoke an approval are subject to merit reviews in the AAT, it is considered appropriate that a decision to refuse to vary an approval should also be subject to merit reviews in the AAT. However, the amendment does exclude a decision to refuse to vary an emergency approval to extend the period of its effect under section 17F. Emergency approvals are intended to be an interim and short-term measure to avoid potential fuel supply shortfalls following which an approval under section 13 of the act may be granted. Given the short duration for which an emergency approval would be in effect, it is considered appropriate that a decision to refuse to vary an emergency approval to extend the period of its effect under section 17F not be subject to merits review in the AAT.

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