Section 302D — Environment Protection and Biodiversity Conservation Act 1999: Grounds for grant of Part 13 exemption

(1) Before granting a Part 13 exemption for an action from a provision (including a regulation made under a provision) of this Part the Minister must be satisfied that: (a) if the exemption were not granted, the action would contravene the provision; and (b) it is in the national interest that the provision not apply to the taking of the action by the person to whom the exemption is to apply. (2) In determining the national interest for the purposes of a provision of this Division, the Minister may consider: (a) Australia’s defence or security; or (b) a national emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates. This does not limit the matters the Minister may consider. Note: The following provisions of this Division require the Minister to consider the national interest: (a) paragraph (1)(b) of this section; (b) subsection 302G(3); (c) paragraph 302K(1)(a).