Section 146B — Environment Protection and Biodiversity Conservation Act 1999: Minister may approve taking of actions in accordance with endorsed policy, plan or program

(1) Subject to Subdivision C, the Minister may approve the taking of an action or a class of actions in accordance with an endorsed policy, plan or program. Note 1: Subdivision C sets out matters that the Minister must take into account in deciding whether or not to approve the taking of an action or a class of actions in accordance with an endorsed policy, plan or program. Note 2: See sections 146DJ and 146DK for variation of the approval. (2) An approval of the taking of an action or a class of actions in accordance with an endorsed policy, plan or program must: (a) be in writing; and (b) specify the action or class of actions that may be taken in accordance with the endorsed policy, plan or program; and (ba) name the person to whom the approval is granted; and (c) specify each provision of Part 3 for which the approval has effect; and (d) specify the period for which the approval has effect; and (e) set out the conditions attached to the approval. (2A) An approval of the taking of an action or a class of actions in accordance with an endorsed policy, plan or program may specify the person or persons who may take the action or an action in the class of actions (which may include the holder of the approval). (3) The Minister must: (a) give a copy of the approval to: (i) the holder of the approval; and (ii) the responsible person for the endorsed policy, plan or program; and (b) publish a copy of the approval: (i) on the Department’s website; and (ii) in accordance with any other requirements prescribed by the regulations. (4) However, the Minister must not give or publish under subsection (3) a copy of so much of the approval as: (a) is: (i) an exempt document under section 47 of the Freedom of Information Act 1982 (trade secrets); or (ii) a conditionally exempt document under section 47G of that Act (business documents) to which access would, on balance, be contrary to the public interest for the purposes of subsection 11A(5) of that Act; or (b) the Minister believes it is in the national interest not to provide. The Minister may consider the defence or security of the Commonwealth when determining what is in the national interest. This does not limit the matters the Minister may consider. (5) An approval given under subsection (1) is not a legislative instrument.