Section 302E — Environment Protection and Biodiversity Conservation Act 1999: Conditions of Part 13 exemption

(1) The Minister may impose one or more conditions on a Part 13 exemption for an action from a provision if any of the following subsections apply. Conditions—general (2) The Minister is satisfied that: (a) the provision is not a regulation made for the purposes of paragraph 301A(b), (c) or (d); and (b) the condition is necessary or convenient for protecting from the action, or mitigating damage that has been, will be or may be caused by the action to: (i) a listed threatened species, a listed threatened ecological community, a listed migratory species or a listed marine species, or the habitat of such a species or of such an ecological community, that is in a Commonwealth area; or (ii) the environment in a Commonwealth area. Conditions—cetaceans (3) The Minister is satisfied that: (a) the provision is not a regulation made for the purposes of paragraph 301A(b), (c) or (d); and (b) the action is likely to interfere with, or otherwise affect, cetaceans in, or in waters beyond the outer limits of, the Australian Whale Sanctuary; and (c) the condition is necessary or convenient for: (i) avoiding or mitigating the interference with or effect on the cetaceans that has been, will be or is likely to be caused by the action; or (ii) protecting from the action, or mitigating damage that has been, will be or may be caused by the action to, the environment of, or the environment of waters beyond the outer limits of, the Australian Whale Sanctuary. Conditions—bringing invasive species into Australia (4) The Minister is satisfied that: (a) the provision is a regulation made for the purposes of paragraph 301A(b); and (b) the condition relates to bringing a member of a species included in the list mentioned in paragraph 301A(a) into the Australian jurisdiction. Conditions—trade in invasive species (5) The Minister is satisfied that: (a) the provision is a regulation made for the purposes of paragraph 301A(c); and (b) the condition relates to trade in members of a species included in the list mentioned in paragraph 301A(a): (i) between Australia and another country; or (ii) between 2 States; or (iii) between 2 Territories; or (iv) between a State and a Territory; or (v) by a constitutional corporation. Conditions—actions involving or affecting invasive species (6) The Minister is satisfied that: (a) the provision is a regulation made for the purposes of paragraph 301A(d); and (b) the condition: (i) involves or affects members of a species included in the list mentioned in paragraph 301A(a); and (ii) is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.