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NATURE CONSERVATION ACT 1992 - SECT 173O
Extended standing for judicial review
173O Extended standing for judicial review
(1) This section applies, for the Judicial Review Act 1991 , to any of the
following— (a) a decision made under this Act;
(b) a failure to make a
decision under this Act;
(c) conduct engaged in for the purpose of making a
decision under this Act.
(2) An individual is taken to be a person aggrieved
by a decision, failure or conduct mentioned in subsection (1) if— (a) the
individual is— (i) an Australian citizen; or
(ii) ordinarily resident in
Australia; and
(b) at any time in the 2 years immediately before the
decision, failure or conduct, the individual engaged in a series of activities
in Australia for the protection or conservation of, or research into, the
environment.
(3) A corporation or association, whether or not incorporated,
and a person acting for an unincorporated association, is taken to be a person
aggrieved by a decision, failure or conduct mentioned in subsection (1) if—
(a) the corporation or association is incorporated, or was otherwise
established, in Australia; and
(b) at any time in the 2 years immediately
before the decision, failure or conduct, the corporation or association
engaged in a series of activities in Australia for the protection or
conservation of, or research into, the environment; and
(c) at the time of
the decision, failure or conduct, the objects or purposes of the corporation
or association include protection or conservation of, or research into, the
environment.
(4) A term used in this section that is defined in the
Judicial Review Act 1991 has the meaning given to it by that Act.
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