Section 303EE — Environment Protection and Biodiversity Conservation Act 1999: Application for amendment of list

(1) A person may, in accordance with the regulations, apply to the Minister for the list referred to in section 303EB to be amended by including an item. (2) The Minister must not consider the application unless either subsection (3) or (4) applies to the proposed amendment. (3) This subsection applies to the proposed amendment if: (a) subsection (4) does not apply to the proposed amendment; and (b) an assessment is made of the potential impacts on the environment of the proposed amendment; and (c) a report on those impacts is given to the Minister. The report must be prepared in accordance with section 303EF. (4) This subsection applies to the proposed amendment if: (a) Biosecurity Australia has prepared a report (whether before or after the amendment was proposed) on the potential impacts on the environment if the specimen were to be imported; and (b) the report is of a type specified in regulations made for the purposes of this paragraph; and (c) the report has been given to the Minister; and (d) the Minister determines that subsection (3) does not apply to the proposed amendment. (5) A determination made under paragraph (4)(d) is not a legislative instrument.