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Recommendation 13

The EPBC Act should retain the current extended standing provisions. In the second tranche of reform, the Act should be amended to provide for limited merits review for development approval decisions but be restricted:

  1. by set time frames for applications
  2. to the papers at the time of the original decision
  3. to matters that will have a material impact on environmental and heritage outcomes
  4. to where senior counsel advice is that there is a reasonable likelihood of the matter proceeding.

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