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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303GA

Permit decision--controlled action, and action for which a non - Part 13A permit is required

  (1)   This section applies if:

  (a)   an application is made under section   303CE, 303DE or 303EL for a permit (the first permit ) to authorise the taking of an action (the proposed action ); and

  (b)   the Minister considers that:

  (i)   the proposed action may be or is a controlled action; or

  (ii)   the proposed action is related to an action (the related action ) that may be or is a controlled action; or

  (iii)   the proposed action is an action for which a non - Part   13A permit is required; or

  (iv)   the proposed action is related to an action (the related action ) that is an action for which a non - Part   13A permit is required.

Deferral of decision

  (2)   The Minister must neither issue, nor refuse to issue, the first permit before whichever is the latest of the following days:

  (a)   if subparagraph   (1)(b)(i) applies--the day on which the Minister makes a decision under section   75 about whether the proposed action is a controlled action;

  (b)   if subparagraph   (1)(b)(i) applies and the Minister makes a decision under section   75 that the proposed action is a controlled action--the day on which the Minister makes a decision under section   133 approving, or refusing to approve, the taking of the controlled action;

  (c)   if subparagraph   (1)(b)(ii) applies--the day on which the Minister makes a decision under section   75 about whether the related action is a controlled action;

  (d)   if subparagraph   (1)(b)(ii) applies and the Minister makes a decision under section   75 that the related action is a controlled action--the day on which the Minister makes a decision under section   133 approving, or refusing to approve, the taking of the controlled action;

  (e)   if subparagraph   (1)(b)(iii) applies--the day on which a decision is made to issue, or to refuse to issue, the non - Part   13A permit referred to in that subparagraph;

  (f)   if subparagraph   (1)(b)(iv) applies--the day on which a decision is made to issue, or to refuse to issue, the non - Part   13A permit referred to in that subparagraph.

Refusal of permit

  (3)   The Minister must not issue the first permit if:

  (a)   subparagraph   (1)(b)(i) applies; and

  (b)   the Minister makes a decision under section   75 that the proposed action is a controlled action; and

  (c)   the Minister makes a decision under section   133 refusing to approve the taking of the controlled action.

  (4)   The Minister must not issue the first permit if:

  (a)   subparagraph   (1)(b)(ii) applies; and

  (b)   the Minister makes a decision under section   75 that the related action is a controlled action; and

  (c)   the Minister makes a decision under section   133 refusing to approve the taking of the controlled action.

  (5)   The Minister must not issue the first permit if:

  (a)   subparagraph   (1)(b)(iii) applies; and

  (b)   a decision is made to refuse to issue the non - Part   13A permit referred to in that subparagraph.

  (6)   The Minister must not issue the first permit if:

  (a)   subparagraph   (1)(b)(iv) applies; and

  (b)   a decision is made to refuse to issue the non - Part   13A permit referred to in that subparagraph.

Action for which a non - Part   13A permit is required

  (7)   For the purposes of this section, an action that a person proposes to take is an action for which a non - Part   13A permit is required if the taking of the action by the person without a non - Part   13A permit would be prohibited by this Act or the regulations if it were assumed that this Part   had not been enacted.

  (8)   For the purposes of this section, a non - Part   13A permit is a permit issued under this Act (other than this Part) or the regulations.

Related action

  (9)   For the purposes of this section, if a specimen was taken, the action of exporting or importing the specimen is related to:

  (a)   that taking; and

  (b)   any action that affected the specimen after that taking and before that export or import.

  (10)   For the purposes of this section, if a specimen is derived from a specimen that was taken, the action of exporting or importing the first - mentioned specimen is related to:

  (a)   that taking; and

  (b)   any action that affected the first - mentioned specimen, or either of those specimens, after that taking and before that export or import.


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