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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 84

This Part does not apply if action covered by declaration

When this Part   does not apply

  (1)   This Part   does not apply in relation to an action if:

  (a)   the Minister has declared in writing that actions in a class that includes the action need not be assessed under this Part; and

  (b)   the declaration is in operation.

Note:   An action will be in a class of actions declared not to need assessment under this Part   only if the action has been assessed in a manner specified in the declaration.

Declaration

  (2)   The Minister may declare in writing that actions in a specified class of actions assessed by the Commonwealth or a Commonwealth agency in a specified manner do not require assessment under this Part.

Prerequisites for making a declaration

  (3)   The Minister may make a declaration only if he or she is satisfied that:

  (a)   assessment of an action in the specified manner will include assessment of the impacts the action:

  (i)   has or will have; or

  (ii)   is likely to have;

    on each matter protected by a provision of Part   3; and

  (b)   the specified manner of assessment meets the standards (if any) prescribed by the regulations; and

  (c)   if the taking of an action assessed in the specified manner must be approved under Part   9, he or she will receive a report including, or accompanied by, enough information about the relevant impacts of the action to let him or her make an informed decision whether or not to approve under Part   9 (for the purpose of each controlling provision) the taking of the action.

Further requirements for making a declaration

  (3A)   Sections   34A, 34B, 34BA, 34C, 34D, 34E and 34F apply in relation to the making of a declaration under this section in the same way that they apply to the making of a declaration under section   33.

Specified manner of assessment

  (4)   The manner of assessment that may be specified in a declaration includes assessment by a Commonwealth agency under a law of the Commonwealth. This does not limit subsection   (2).

Publishing declaration

  (5)   The Minister must publish a declaration in accordance with the regulations.

Revoking declaration

  (6)   The Minister may, by instrument in writing published in accordance with the regulations, revoke a declaration.

Minister must not give preference

  (7)   In making or revoking a declaration relating to an action taken:

  (a)   by a person for the purposes of trade between Australia and another country or between 2 States; or

  (b)   by a constitutional corporation;

the Minister must not give preference (within the meaning of section   99 of the Constitution) to one State or part of a State over another State or part of a State.


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