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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 158

Exemptions from Part 3 and this Chapter

  (1)   A person proposing to take a controlled action, or the designated proponent of an action, may apply in writing to the Minister for an exemption from a specified provision of Part   3 or of this Chapter.

  (2)   The Minister must decide within 20 business days of receiving the application whether or not to grant the exemption.

  (3)   The Minister may, by written notice, exempt a specified person from the application of a specified provision of Part   3 or of this Chapter   in relation to a specified action.

  (4)   The Minister may do so only if he or she is satisfied that it is in the national interest that the provision not apply in relation to the person or the action.

  (5)   In determining the national interest, the Minister may consider Australia's defence or security or a national emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) relates. This does not limit the matters the Minister may consider.

  (6)   A provision specified in the notice does not apply in relation to the specified person or action on or after the day specified in the notice. The Minister must not specify a day earlier than the day the notice is made.

  (7)   Within 10 business days after making the notice, the Minister must:

  (a)   publish a copy of the notice and his or her reasons for granting the exemption in accordance with the regulations; and

  (b)   give a copy of the notice to the person specified in the notice.


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