Section 216 — Environment Protection and Biodiversity Conservation Act 1999: Minister may issue permits

(1) Subject to subsection (3), the Minister may, on application by a person under section 215, issue a permit to the person. (2) A permit authorises its holder to take an action specified in the permit without breaching section 211, 211A, 211B, 211C, 211D or 211E. (3) The Minister must not issue the permit unless satisfied that: (a) the specified action will contribute significantly to the conservation of the listed migratory species concerned or other listed migratory species; or (b) the impact of the specified action on a member of the listed migratory species concerned is incidental to, and not the purpose of, the taking of the action and: (i) the taking of the action will not adversely affect the conservation status of that species or a population of that species; and (ii) the taking of the action is not inconsistent with a wildlife conservation plan for that species that is in force; and (iii) the holder of the permit will take all reasonable steps to minimise the impact of the action on that species; or (c) the specified action is of particular significance to indigenous tradition and will not adversely affect the conservation status of the listed migratory species concerned, or a population of that species; or (d) the specified action is necessary in order to control pathogens and is conducted in a way that will, so far as is practicable, keep to a minimum any impact on the listed migratory species concerned. (4) In making a decision on the application, the Minister must consider the comments (if any) received: (a) in response to the invitation under subsection 215(3) for anyone to give the Minister comments on whether the permit should be issued; and (b) within the period specified in the invitation.