Section 302H — Environment Protection and Biodiversity Conservation Act 1999: Application to vary Part 13 exemption

(1) The following may apply to the Minister to vary a Part 13 exemption: (a) the person to whom the exemption applies (the exempt person); (b) if a different person applied to the Minister for the exemption under subsection 302C(1)—that person, with the agreement in writing of the exempt person. (2) The application must: (a) be in writing; and (b) specify the variation applied for. Note: For the types of variations that may be made, see subsection 302G(2). Timeframe for decision (3) The Minister must decide whether to vary the exemption under section 302G within 20 business days of receiving the application. Note: If the Minister requests information to make an informed decision under section 302N, days between the request and receipt of the information do not count towards this timeframe (subsection 302N(2)). Notice if Minister decides not to vary exemption (4) If the Minister decides not to vary the exemption, the Minister must give the applicant written notice of the Minister’s decision as soon as practicable after the decision is made. Note: If the Minister varies the exemption, the Minister must give a copy of the variation to the person to whom it applies and the applicant (if a different person) (see section 302J).