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StatuteEnvironment Protection and Biodiversity Conservation Act 1999

Section 302A — Environment Protection and Biodiversity Conservation Act 1999: Exemption from provisions of this Part

Text of the provision Official document

(1) The Minister may, by written instrument, grant an exemption (a Part 13 exemption) for an action from a provision (including a regulation made under a provision) of this Part: (a) on the Minister’s initiative; or (b) on application under section 302C. Note: The Minister may request information to make an informed decision under subsection 302N(1). Content of exemption (2) The exemption must specify: (a) the action; and (b) each provision from which the action is exempt; and (c) the person to whom the exemption applies; and (d) the period for which the exemption is in force; and (e) any conditions imposed on the exemption under section 302E. (3) The Minister must be satisfied that the period specified for the purposes of paragraph (2)(d) is reasonably necessary to address the national interest that is the basis for the exemption. When exemption comes into force (4) An exemption comes into force at the start of the period specified for the purposes of paragraph (2)(d) (which must not be earlier than the day the exemption is made). Not a legislative instrument (5) An exemption made under subsection (1) is not a legislative instrument.

Official source: Federal Register of Legislation

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