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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 136

General considerations

Mandatory considerations

             (1)  In deciding whether or not to approve the taking of an action, and what conditions to attach to an approval, the Minister must consider the following, so far as they are not inconsistent with any other requirement of this Subdivision:

                     (a)  matters relevant to any matter protected by a provision of Part 3 that the Minister has decided is a controlling provision for the action;

                     (b)  economic and social matters.

Factors to be taken into account

             (2)  In considering those matters, the Minister must take into account:

                     (a)  the principles of ecologically sustainable development; and

                     (b)  the assessment report (if any) relating to the action; and

                   (ba)  if Division 3A of Part 8 (assessment on referral information) applies to the action--the finalised recommendation report relating to the action given to the Minister under subsection 93(5); and

                   (bc)  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; and

                     (c)  if Division 5 (public environment reports) of Part 8 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; and

                    (ca)  if Division 6 (environmental impact statements) of Part 8 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; and

                     (d)  if an inquiry was conducted under Division 7 of Part 8 in relation to the action--the report of the commissioners; and

                     (e)  any other information the Minister has on the relevant impacts of the action (including information in a report on the impacts of actions taken under a policy, plan or program under which the action is to be taken that was given to the Minister under an agreement under Part 10 (about strategic assessments)); and

                      (f)  any relevant comments given to the Minister in accordance with an invitation under section 131 or 131A; and

                    (fa)  any relevant advice obtained by the Minister from the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development in accordance with section 131AB; and

                     (g)  if a notice relating to the action was given to the Minister under subsection 132A(3)--the information in the notice.

Note:          The Minister must also take into account any relevant comments given to the Minister in response to an invitation under paragraph 131AA(1)(b). See subsection 131AA(6).

Person's environmental history

             (4)  In deciding whether or not to approve the taking of an action by a person, and what conditions to attach to an approval, the Minister may consider whether the person is a suitable person to be granted an approval, having regard to:

                     (a)  the person's history in relation to environmental matters; and

                     (b)  if the person is a body corporate--the history of its executive officers in relation to environmental matters; and

                     (c)  if the person is a body corporate that is a subsidiary of another body or company (the parent body )--the history in relation to environmental matters of the parent body and its executive officers.

Minister not to consider other matters

             (5)  In deciding whether or not to approve the taking of an action, and what conditions to attach to an approval, the Minister must not consider any matters that the Minister is not required or permitted by this Division to consider.



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