Section 303GA — Environment Protection and Biodiversity Conservation Act 1999: Permit decision—controlled action, and action for which a non-Part 13A permit is required

(1) This section applies if: (a) an application is made under section 303CE, 303DE or 303EL for a permit (the first permit) to authorise the taking of an action (the proposed action); and (b) the Minister considers that: (i) the proposed action may be or is a controlled action; or (ii) the proposed action is related to an action (the related action) that may be or is a controlled action; or (iii) the proposed action is an action for which a non-Part 13A permit is required; or (iv) the proposed action is related to an action (the related action) that is an action for which a non-Part 13A permit is required. Deferral of decision (2) The Minister must neither issue, nor refuse to issue, the first permit before whichever is the latest of the following days: (a) if subparagraph (1)(b)(i) applies—the day on which the Minister makes a decision under section 75 about whether the proposed action is a controlled action; (b) if subparagraph (1)(b)(i) applies and the Minister makes a decision under section 75 that the proposed action is a controlled action—the day on which the Minister makes a decision under section 133 approving, or refusing to approve, the taking of the controlled action; (c) if subparagraph (1)(b)(ii) applies—the day on which the Minister makes a decision under section 75 about whether the related action is a controlled action; (d) if subparagraph (1)(b)(ii) applies and the Minister makes a decision under section 75 that the related action is a controlled action—the day on which the Minister makes a decision under section 133 approving, or refusing to approve, the taking of the controlled action; (e) if subparagraph (1)(b)(iii) applies—the day on which a decision is made to issue, or to refuse to issue, the non-Part 13A permit referred to in that subparagraph; (f) if subparagraph (1)(b)(iv) applies—the day on which a decision is made to issue, or to refuse to issue, the non-Part 13A permit referred to in that subparagraph. Refusal of permit (3) The Minister must not issue the first permit if: (a) subparagraph (1)(b)(i) applies; and (b) the Minister makes a decision under section 75 that the proposed action is a controlled action; and (c) the Minister makes a decision under section 133 refusing to approve the taking of the controlled action. (4) The Minister must not issue the first permit if: (a) subparagraph (1)(b)(ii) applies; and (b) the Minister makes a decision under section 75 that the related action is a controlled action; and (c) the Minister makes a decision under section 133 refusing to approve the taking of the controlled action. (5) The Minister must not issue the first permit if: (a) subparagraph (1)(b)(iii) applies; and (b) a decision is made to refuse to issue the non-Part 13A permit referred to in that subparagraph. (6) The Minister must not issue the first permit if: (a) subparagraph (1)(b)(iv) applies; and (b) a decision is made to refuse to issue the non-Part 13A permit referred to in that subparagraph. Action for which a non-Part 13A permit is required (7) For the purposes of this section, an action that a person proposes to take is an action for which a non-Part 13A permit is required if the taking of the action by the person without a non-Part 13A permit would be prohibited by this Act or the regulations if it were assumed that this Part had not been enacted. (8) For the purposes of this section, a non-Part 13A permit is a permit issued under this Act (other than this Part) or the regulations. Related action (9) For the purposes of this section, if a specimen was taken, the action of exporting or importing the specimen is related to: (a) that taking; and (b) any action that affected the specimen after that taking and before that export or import. (10) For the purposes of this section, if a specimen is derived from a specimen that was taken, the action of exporting or importing the first-mentioned specimen is related to: (a) that taking; and (b) any action that affected the first-mentioned specimen, or either of those specimens, after that taking and before that export or import.