Section 514YK — Environment Protection and Biodiversity Conservation Act 1999: Using national environmental standards

Mandatory use (1) In making a decision prescribed by the regulations for the purposes of this subsection, a person must: (a) apply any national environmental standard prescribed for the decision; and (b) apply it in the way prescribed. Note: Other provisions of this Act may also require a person to apply a standard in a specified way in making a decision (see for example section 136A). (2) For the purposes of paragraph (1)(b), the regulations may prescribe the following ways that a national environmental standard is to be applied by a person making a decision: (a) by the person being satisfied that the decision is not inconsistent with the standard; (ab) by the person being satisfied that the decision is consistent with the standard; (b) by the person having regard to the standard; (c) any other way. Prescribing all or part of a national environmental standard (3) Regulations prescribing a national environmental standard for the purposes of a provision of this Act that refers to a national environmental standard prescribed for the purposes of the provision may prescribe the whole or a specified part of a standard. If a specified part is prescribed, the provision is taken to refer to the part of the standard that is prescribed. Discretionary use (4) A person may, in making a decision under this Act, have regard to any national environmental standard the person considers relevant to the decision. (5) However, a person is only required to apply a national environmental standard in making a decision under this Act if subsection (1) of this section, or another provision of this Act, requires it. Effect on validity of decisions (6) Unless this Act requires a person to apply a national environmental standard in making a decision under this Act, a failure by a person to have regard to or apply a national environmental standard does not affect the validity of the decision.