Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 50 — Minister may only enter into agreement if prescribed criteria are met
The Minister may enter into a bilateral agreement only if the Minister is satisfied that the agreement: (a) accords with the objects of this Act; and (b) meets the requirements (if any) prescribed by…
Section 51 — Agreements relating to declared World Heritage properties
(1) The Minister may enter into a bilateral agreement containing a provision relating to a declared World Heritage property only if: (a) the Minister is satisfied that the provision is not…
Section 51A — Agreements relating to National Heritage places
(1) The Minister may enter into a bilateral agreement containing a provision relating to a National Heritage place only if: (a) the Minister is satisfied that the agreement will promote the…
Section 52 — Authorising access to identifying information
(1) The Secretary may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.…
Section 53 — Disclosing identifying information
(1) A person commits an offence if: (a) the person’s conduct causes disclosure of identifying information; and (b) the disclosure is not a permitted disclosure. Penalty: Imprisonment for 2 years.…
Section 54 — Agreements relating to migratory species
(1) The Minister may enter into a bilateral agreement containing a provision relating to a listed migratory species only if: (a) the Minister is satisfied that the provision is not inconsistent with…
Section 55 — Agreements relating to nuclear actions
The Minister must not enter into a bilateral agreement, or accredit for the purposes of a bilateral agreement a management arrangement or an authorisation process, containing a provision that: (a)…
Section 56 — Agreements relating to prescribed actions
The Minister must not enter into a bilateral agreement containing a provision that: (a) relates to an action prescribed for the purposes of subsection 25(1); and (b) has the effect of giving…
Section 56A — Ministerial determination of minor amendments to bilateral agreements
(1) This section applies if: (a) the Minister intends to develop a draft amendment to a bilateral agreement (the principal agreement); and (b) the Minister is satisfied that the amendment will not…
Section 57 — Representations about suspension or cancellation
Representations (1) A person may refer to the Minister a matter that the person believes involves a contravention of a bilateral agreement. Minister must decide whether agreement has been contravened…
Section 58 — Consultation before cancellation or suspension
(1) The Minister (the Environment Minister) must consult the appropriate Minister of a State or Territory that is party to a bilateral agreement if the Environment Minister believes that the State or…
Section 59 — Suspension or cancellation
Minister may give notice of suspension or cancellation (1) If, after the consultation, the Environment Minister is not satisfied that the State or Territory: (a) has complied with, and will comply…
Section 60 — Emergency suspension of effect of bilateral agreement
(1) This section applies if the Minister is satisfied that: (a) the State or Territory that is party to a bilateral agreement is not complying with it, or will not comply with it; and (b) as a result…
Section 61 — Cancellation during suspension
(1) The Minister may give notice of the cancellation of the effect of a bilateral agreement even while its effect is suspended under section 59 or 60. (2) The cancellation may occur even though the…
Section 62 — Revocation of notice of suspension or cancellation
(1) This section applies if the Minister: (a) has given a notice under section 59 or 60 to suspend or cancel the effect of a bilateral agreement (either generally or in relation to actions in a…
Section 63 — Cancellation or suspension at request of other party
Minister must give notice of cancellation or suspension (1) The Minister must give the appropriate Minister of a State or self-governing Territory that is party to a bilateral agreement a notice…
Section 64 — Cancellation or suspension of bilateral agreement does not affect certain actions
Application (1) This section explains how this Act operates in relation to an action that a person was able to take without approval under Part 9 for the purposes of a provision of Part 3 because of…
Section 65 — Expiry and review of bilateral agreements
(1) A bilateral agreement ceases to have effect for the purposes of this Act at the time when the agreement provides for it to cease to so have effect. Note: The parties to a bilateral agreement may…
Section 65A — Expiry of bilateral agreement does not affect certain actions
Application of subsection (2) (1) Subsection (2) explains how this Act operates in relation to an action that a person was able to take without approval under Part 9 for the purposes of a provision…
Section 66 — Simplified outline of this Chapter
The following is a simplified outline of this Chapter: This Chapter deals with assessment and approval of actions that Part 3 prohibits without approval (controlled actions). (It does not deal with…
Section 67 — What is a controlled action?
An action that a person proposes to take is a controlled action if the taking of the action by the person without approval under Part 9 for the purposes of a provision of Part 3 would be (or would,…
Section 67A — Prohibition on taking controlled action without approval etc.
A person must not take a controlled action, unless: (a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of the relevant provision of Part 3; or (b)…
Section 68 — Referral by person proposing to take action
(1) A person proposing to take an action that the person thinks may be or is a controlled action must refer the proposal to the Minister for the Minister’s decision whether or not the action is a…
Section 68A — Actions proposed to be taken under a contract etc.
(1) This section applies in relation to an action that is proposed to be taken under a contract or an agreement, arrangement or understanding, other than: (a) a subcontract; or (b) an agreement,…
Section 69 — State or Territory may refer proposal to Minister
(1) A State, self-governing Territory or agency of a State or self-governing Territory that is aware of a proposal by a person to take an action may refer the proposal to the Minister for a decision…
Section 70 — Minister may request referral of proposal
(1) If the Minister believes a person proposes to take an action that the Minister thinks may be or is a controlled action, the Minister may request: (a) the person; or (b) a State, self-governing…
Section 71 — Commonwealth agency may refer proposal to Minister
(1) A Commonwealth agency that is aware of a proposal by a person to take an action may refer the proposal to the Minister for a decision whether or not the action is a controlled action, if the…
Section 72 — Form and content of referrals
(1) A referral of a proposal to take an action must be made in a way prescribed by the regulations. (2) A referral of a proposal to take an action must include the information prescribed by the…
Section 73 — Informing person proposing to take action of referral
As soon as practicable after receiving a referral under section 69 or 71 of a proposal by a person to take an action, the Minister must: (a) inform the person of the referral; and (b) invite the…
Section 73A — Informing Great Barrier Reef Marine Park Authority of proposal affecting Great Barrier Reef Marine Park
If: (a) a proposal to take an action is referred to the Minister; and (b) the action, or a component of the action, is to be taken in the Great Barrier Reef Marine Park; the Minister must, as soon as…
Section 74 — Inviting provision of information on referred proposal
Inviting other Commonwealth Ministers to provide information (1) As soon as practicable after receiving a referral of a proposal to take an action, the Minister (the Environment Minister) must: (a)…
Section 74A — Minister may request referral of a larger action
(1) If the Minister receives a referral in relation to a proposal to take an action by a person, and the Minister is satisfied the action that is the subject of the referral is a component of a…
Section 74AA — Offence of taking action before decision made in relation to referral etc.
Referral made: taking action while decision making process still going on (1) A person commits an offence if: (a) the person takes an action; and (b) either: (i) a proposal to take the action (or a…
Section 74B — Application of this Division
(1) This Division applies to the referral of a proposal to take an action if, within 20 business days after the Minister receives the referral: (a) the Minister considers, on the basis of the…
Section 74C — Informing person proposing to take action that action is clearly unacceptable
(1) As soon as practicable after making the decision under paragraph 74B(1)(b) in relation to a referral, the Minister must give written notice of the decision to: (a) the person proposing to take…
Section 74D — Procedure if Minister is requested to reconsider referral
(1) This section applies if the Minister receives a request under paragraph 74C(3)(c) to reconsider a referral. Inviting public comment (2) The Minister must, within 10 business days after receiving…
Section 75 — Does the proposed action need approval?
Is the action a controlled action? (1) The Minister must decide: (a) whether the action that is the subject of a proposal referred to the Minister is a controlled action; and (b) which provisions of…
Section 76 — Minister may request more information for making decisions
(1) If the Minister believes on reasonable grounds that the referral of a proposal to take an action does not include enough information for the Minister to decide: (a) whether the action is a…
Section 77 — Notice and reasons for decision
Giving notice (1) Within 10 business days after deciding whether an action that is the subject of a proposal referred to the Minister is a controlled action or not, the Minister must: (a) give…
Section 77A — Action to be taken in a particular manner
(1) If, in deciding whether the action is a controlled action or not, the Minister has made a decision (the component decision) that a particular provision of Part 3 is not a controlling provision…
Section 78 — Reconsideration of decision
Limited power to vary or substitute decisions (1) The Minister may revoke a decision (the first decision) made under subsection 75(1) about an action and substitute a new decision under that…
Section 78A — Request for reconsideration of decision by person other than State or Territory Minister
(1) A person (other than a Minister of a State or self-governing Territory) may request the Minister to reconsider a decision made under subsection 75(1) about an action on the basis of a matter…
Section 78B — Minister must inform interested persons of request and invite comments
(1) The Minister (the Environment Minister) must comply with this section if he or she receives a request under section 78A to reconsider a decision made under subsection 75(1) about an action.…
Section 78C — Minister must reconsider decision and give notice of outcome
Reconsideration of decision (1) As soon as practicable after the end of the time within which information or comments may be given under section 78B in relation to a request under section 78A to…
Section 79 — Reconsideration of decision on request by a State or Territory
(1) This section applies if the Minister (the Environment Minister) has made a decision under subsection 75(1) about whether a provision of Division 1 of Part 3 is a controlling provision for an…
Section 79A — Application for reconsideration of decision that action is not controlled action because taken in particular manner
(1) If: (a) a decision is in operation under subsection 75(1) that an action a person proposes to take or is taking is not a controlled action because the Minister believes the action will be taken…
Section 79B — Minister must inform interested persons of application under section 79A and invite comments
Other Commonwealth Ministers (1) If the Minister (the Environment Minister) receives an application under section 79A, the Environment Minister may: (a) inform any other Minister who the Environment…
Section 79C — Reconsideration of decision on application under section 79A
(1) If the Minister receives an application under section 79A from a person for reconsideration of a decision (the first decision), the Minister must reconsider the first decision and do one of the…
Section 79D — Withdrawal of application under section 79A
A person who makes an application under section 79A may, by written notice, withdraw the application at any time before the Minister does one of the things mentioned in paragraph 79C(1)(a) or (b).
Section 79E — Determination that certain reconsidered actions may continue to be taken
When determination may be made (1) If all of the following apply: (a) the Minister makes a decision (the first decision) under subsection 75(1) that an action that is the subject of a proposal (the…