Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 124 — Remuneration
(1) A commissioner who is not appointed or engaged under the Public Service Act 1999 is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that…
Section 125 — Leave of absence
(1) A commissioner appointed on a full-time basis has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant a commissioner appointed on a…
Section 126 — Resignation
A commissioner may resign his or her appointment by giving the Minister a written resignation.
Section 127 — Termination of appointment
(1) The Minister may terminate a commissioner’s appointment for misbehaviour or physical or mental incapacity. (2) The Minister must terminate the appointment of a commissioner if: (a) the…
Section 128 — Disclosure of interests
(1) A commissioner must give written notice to the Minister of all direct and indirect pecuniary interests that he or she has or acquires in a business or in a body corporate carrying on a business.…
Section 129 — Other terms and conditions
A commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
Section 130 — Timing of decision on approval
Basic rule (1) The Minister must decide whether or not to approve, for the purposes of each controlling provision for a controlled action, the taking of the action. (1A) The Minister must make the…
Section 131 — Inviting comments from other Ministers before decision
(1) Before the Minister (the Environment Minister) decides whether or not to approve, for the purposes of a controlling provision, the taking of an action, and what conditions (if any) to attach to…
Section 131A — Inviting public comment before decision
Before the Minister decides whether or not to approve, for the purposes of a controlling provision, the taking of an action, and what conditions (if any) to attach to an approval, he or she may…
Section 131AA — Inviting comments before decision from person proposing to take action and designated proponent
(1) Before the Minister decides whether or not to approve, for the purposes of a controlling provision, the taking of an action, and what conditions (if any) to attach to an approval, he or she must:…
Section 131AB — Minister must obtain advice from Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development
(1) This section applies if: (a) the taking of an action, for the purposes of a controlling provision, involves: (i) unconventional gas development; or (ii) large coal mining development; and (b) the…
Section 132 — Requesting further information for approval decision
If the Minister believes on reasonable grounds that he or she does not have enough information to make an informed decision whether or not to approve for the purposes of a controlling provision the…
Section 132A — Requesting notice from appropriate State or Territory Minister about certain actions
(1) This section applies to an action that is to be taken in a State or self-governing Territory only if the action: (a) is to be taken by a person for the purposes of trade or commerce: (i) between…
Section 132B — Election to have an action management plan approved after approval of the taking of an action granted
(1) A person proposing to take an action may, at any time before an approval of the taking of the action is granted under section 133, elect to submit an action management plan for approval. (2) An…
Section 133 — Grant of approval
Approval (1) After receiving the assessment documentation relating to a controlled action, or the report of a commission that has conducted an inquiry relating to a controlled action, the Minister…
Section 134 — Conditions of approval
Condition to inform persons taking action of conditions attached to approval (1A) An approval of the taking of an action by a person (the first person) is subject to the condition that, if the first…
Section 134A — Inviting public comment before approving action management plan
(1) Before approving an action management plan, the Minister may publish: (a) the plan; and (b) an invitation for anyone to give the Minister, within 11 business days, written comments on the plan.…
Section 135 — Certain approvals and conditions must not give preference
(1) This section deals with the approval: (a) for the purposes of section 21 or 22A of a nuclear action: (i) by a person for the purposes of trade or commerce between Australia and another country or…
Section 135A — Publication of recommendation reports
(1) This section applies in relation to the following reports: (a) a finalised recommendation report given to the Minister under subsection 93(5); (b) a recommendation report given to the Minister…
Section 136 — General considerations
Mandatory considerations (1) In deciding whether or not to approve the taking of an action, and what conditions to attach to an approval, the Minister must consider the following, so far as they are…
Section 137 — Requirements for decisions about World Heritage
In deciding whether or not to approve, for the purposes of section 12 or 15A, the taking of an action and what conditions to attach to such an approval, the Minister must not act inconsistently with:…
Section 137A — Requirements for decisions about National Heritage places
In deciding whether or not to approve for the purposes of section 15B or 15C the taking of an action, and what conditions to attach to such an approval, the Minister must not act inconsistently with:…
Section 138 — Requirements for decisions about Ramsar wetlands
In deciding whether or not to approve for the purposes of section 16 or 17B the taking of an action, and what conditions to attach to such an approval, the Minister must not act inconsistently with…
Section 139 — Requirements for decisions about threatened species and endangered communities
(1) In deciding whether or not to approve for the purposes of a subsection of section 18 or section 18A the taking of an action, and what conditions to attach to such an approval, the Minister must…
Section 140 — Requirements for decisions about migratory species
In deciding whether or not to approve for the purposes of section 20 or 20A the taking of an action relating to a listed migratory species, and what conditions to attach to such an approval, the…
Section 140A — No approval for certain nuclear installations
(1) The Minister must not approve an action consisting of or involving the construction or operation of any of the following nuclear installations: (a) a nuclear fuel fabrication plant; (b) a nuclear…
Section 142 — Compliance with conditions on approval
(1) A person whose taking of an action has been approved under this Part must not contravene any condition attached to the approval. Civil penalty: (a) for an individual—1,000 penalty units, or such…
Section 142A — Offence of breaching conditions on approval
(1) A person whose taking of an action has been approved under this Part commits an offence if: (a) the person takes an action or omits to take an action; and (b) the action or omission contravenes a…
Section 142B — Strict liability offence for breach of approval condition
(1) A person whose taking of an action has been approved under this Part commits an offence if: (a) the person takes an action or omits to take an action; and (b) the action or omission contravenes a…
Section 143 — Variation of conditions attached to approval
(1) The Minister may, by written instrument, revoke, vary or add to any conditions (other than the condition referred to in subsection 134(1A)) attached to an approval under this Part of an action…
Section 143A — Variation of action management plan
Written application required (1) If an action management plan is a condition of an approval of an action, the holder of the approval may, at any time, apply to the Minister for a variation of the…
Section 144 — Suspension of approval
(1) The Minister may, by written instrument, suspend the effect of an approval under this Part for the purposes of a specified provision of Part 3 for a specified period (which must not start before…
Section 145 — Revocation of approval
(1) The Minister may, by written instrument, revoke an approval under this Part for the purposes of a specified provision of Part 3 if: (a) a significant impact on the matter protected by the…
Section 145A — Reinstating suspended or revoked approval
Application (1) This section applies if the Minister has, by written instrument: (a) suspended an approval under this Part of the taking of an action by a person; or (b) revoked an approval under…
Section 145AA — Surrender of approval
(1) The holder of an approval of the taking of an action may, in writing, request the Minister to accept the surrender of the approval. (2) The Minister must decide whether or not to accept the…
Section 145B — Transfer with Minister’s consent
Transfer by written agreement (1) A person (the transferor) who is the holder of an approval under this Part for the purposes of a provision of Part 3 may transfer the approval to another person (the…
Section 145C — Application to Minister to extend period of effect of approval
(1) Subject to subsection (2), the holder of an approval under this Part may apply, in writing, to the Minister to extend the period (the approval period) for which the approval has effect. (2)…
Section 145D — Minister must decide whether or not to extend approval period
(1) Within 20 business days after receiving an application under subsection 145C(1), the Minister must decide, in writing, whether or not to extend the approval period. Note: The Minister may request…
Section 145E — Minister may request further information for making decision
(1) If the Minister believes on reasonable grounds that he or she does not have enough information to decide whether or not to extend the approval period, the Minister may request the holder of the…
Section 146 — Minister may agree on strategic assessment
(1) The Minister may agree in writing with a person responsible for the adoption or implementation of a policy, plan or program that an assessment be made of the impacts of actions under the policy,…
Section 146A — Definitions
(1) In this Division: endorsed policy, plan or program means a policy, plan or program that has been endorsed by the Minister in accordance with an agreement as mentioned in paragraph 146(2)(f)…
Section 146BA — Exclusion of certain actions
Despite anything in an approval under section 146B, the approval does not apply in relation to an action if: (a) an approval of the taking of the action is in operation under Part 9; or (b) there is…
Section 146CA — Minister must obtain advice from Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development
(1) This section applies if: (a) the Minister is deciding whether or not to approve, under section 146B, the taking of an action or a class of actions in accordance with an endorsed policy, plan or…
Section 146DA — Initial conditions attached to approval under section 146B
(1) For the purposes of paragraph 146B(2)(e), section 134 (conditions of approval) (except subsection 134(1A) and paragraph 134(3)(e)) applies in relation to an approval under section 146B in a way…
Section 146B — Minister may approve taking of actions in accordance with endorsed policy, plan or program
(1) Subject to Subdivision C, the Minister may approve the taking of an action or a class of actions in accordance with an endorsed policy, plan or program. Note 1: Subdivision C sets out matters…
Section 146DB — Compliance with conditions attached to approval under section 146B
Division 2 of Part 9 (requirement to comply with conditions) applies in relation to an approval under section 146B in a way corresponding to the way in which that Division applies in relation to an…
Section 146C — Inviting comments from other Ministers about decisions relating to endorsed policy, plan or program
(1) Before the Minister (the Environment Minister) decides whether or not to approve the taking of an action or a class of actions in accordance with an endorsed policy, plan or program, or to make a…
Section 146DC — Variation of conditions attached to approval under section 146B
(1) Section 143 (variation of conditions attached to approval) (except subsections 143(1A), (2A) and (2B)) applies in relation to an approval under section 146B in a way corresponding to the way it…
Section 146D — Effect of approval of taking of actions in accordance with endorsed policy, plan or program
(1) Subject to section 146DL, if an approval under section 146B is in force, the following provisions have effect: (a) the Minister is taken to have decided under Division 2 of Part 7 that: (i) each…
Section 146DD — Suspension and revocation of approval under section 146B
(1) Sections 144 (suspension of approval) and 145 (revocation of approval) (except subsections 144(2C) and 145(2D)) apply in relation to an approval under section 146B in a way corresponding to the…