Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 146DE — Reinstating suspended or revoked approval under section 146B
(1) Section 145A (reinstating suspended or revoked approval) (except subsection 145A(4)) applies in relation to an approval under section 146B in a way corresponding to the way it applies in relation…
Section 146E — Minister must comply with this Subdivision
The Minister must comply with this Subdivision in deciding: (a) whether or not to approve, under section 146B, the taking of an action or a class of actions in accordance with an endorsed policy,…
Section 146DF — Surrender of approval under section 146B
(1) Section 145AA (surrender of approval) applies in relation to an approval under section 146B in a way corresponding to the way in which it applies in relation to an approval under Part 9, with the…
Section 146F — General considerations
(1) The Minister must consider the following, so far as they are not inconsistent with any other requirements of this Subdivision: (a) matters relevant to any matter protected by a provision of Part…
Section 146DG — Transfer of approval under section 146B
(1) Section 145B (transfer of approval) (except subsection 145B(3A)) applies in relation to an approval under section 146B in a way corresponding to the way in which it applies in relation to an…
Section 146G — Approvals relating to declared World Heritage properties
If the approval relates to a declared World Heritage property, the Minister must not act inconsistently with: (a) Australia’s obligations under the World Heritage Convention; or (b) the Australian…
Section 146DH — Request to approve minor variation of a policy, plan or program
(1) If a policy, plan or program has been endorsed by the Minister in accordance with an agreement as mentioned in paragraph 146(2)(f), the responsible person for the policy, plan or program may, in…
Section 146H — Approvals relating to National Heritage places
If the approval relates to a National Heritage place, the Minister must not act inconsistently with: (a) the National Heritage management principles; or (b) an agreement to which the Commonwealth is…
Section 146DI — Minister’s decision on request
(1) If: (a) a request is made under section 146DH; and (b) the Minister is satisfied that the proposed variation is minor; the Minister may, by written notice (the variation approval), approve the…
Section 146DJ — Variation of approval under section 146B as a result of a variation of a policy, plan or program
(1) If under section 146DI the Minister approves a variation of an endorsed policy, plan or program, the Minister may, by written notice, vary an approval under section 146B that is in force in…
Section 146J — Approvals relating to declared Ramsar wetlands
If the approval relates to a declared Ramsar wetland, the Minister must not act inconsistently with Australia’s obligations under the Ramsar Convention.
Section 146DK — Variation of approval under section 146B on request
(1) If an approval under section 146B is in force in relation to the taking of an action or a class of actions in accordance with an endorsed policy, plan or program, the Minister may, on request…
Section 146K — Approvals relating to listed threatened species and ecological communities
(1) This section applies if the approval relates to a listed threatened species or a listed threatened ecological community. (2) The Minister must not act inconsistently with: (a) Australia’s…
Section 146DL — Effect of actual decisions on decisions the Minister is taken to have made
Decisions taken to have been made under Division 2 of Part 7 (1) If: (a) the Minister, under section 146DJ, varies an approval under section 146B; and (b) the effect of the variation is to vary an…
Section 146L — Approvals relating to listed migratory species
If the approval relates to a listed migratory species, the Minister must not act inconsistently with whichever of the following conventions or agreements because of which the species is listed: (a)…
Section 146M — No approvals relating to nuclear actions
(1) The Minister must not approve the taking of an action or a class of actions in accordance with an endorsed policy, plan or program if the action, or an action in the class of actions, consists…
Section 146N — Determination in relation to action that is a component of larger action
(1) A person who proposes to take an action (the larger action) may apply to the Minister for a determination that subsection 146D(2) does not apply to an action (the component action) that is a…
Section 147 — Simplified outline of this Division
The following is a simplified outline of this Division: The Australian Fisheries Management Authority must make agreements under Division 1 for the assessment of actions in fisheries managed under…
Section 148 — Assessment before management plan is determined
Plans under the Fisheries Management Act 1991 (1) Before the Australian Fisheries Management Authority determines a plan of management for a fishery under section 17 of the Fisheries Management Act…
Section 149 — Assessment before determination that no plan required
Before the Australian Fisheries Management Authority determines under subsection 17(1A) of the Fisheries Management Act 1991 that a plan of management is not warranted for a fishery, the Authority…
Section 150 — Assessment of all fisheries without plans must be started within 5 years
Fisheries managed under the Fisheries Management Act 1991 (1) This section applies to fisheries (as defined in the Fisheries Management Act 1991): (a) that are managed under that Act (whether as a…
Section 151 — Assessment of all Torres Strait fisheries to be started within 5 years
Fisheries managed under the Torres Strait Fisheries Act 1984 (1) This section applies to actions that: (a) are involved in fishing (as defined in the Torres Strait Fisheries Act 1984) in an area of…
Section 152 — Further assessment if impacts greater than previously assessed
Application (1) This section applies if the Minister (the Environment Minister) and the Minister administering the Fisheries Management Act 1991 agree that the impacts that actions: (a) included in a…
Section 153 — Minister must make declaration if he or she endorses plan or policy
(1) This section applies if: (a) the Minister makes an agreement under section 146 as required by this Division and endorses under the agreement: (i) a plan of management under the Fisheries…
Section 154 — This Division does not limit Division 1
This Division does not limit Division 1.
Section 155 — This Chapter ceases to apply to lapsed proposals
(1) If: (a) a person who proposes to take a controlled action or is the designated proponent of an action is required or requested under this Chapter to do something; and (b) the person does not do…
Section 156 — General rules about time limits
(1) If this Chapter specifies a time limit in business days in relation to a controlled action (or an action that the Minister believes may be or is a controlled action), the limit is to be worked…
Section 156A — Request to vary proposal to take an action
(1) If: (a) a proposal (the original proposal) by a person to take an action has been referred to the Minister under Division 1 of Part 7; and (b) after the referral is made, the person wishes to…
Section 156B — Minister must decide whether or not to accept a varied proposal
(1) Within 20 business days after receiving a request under subsection 156A(1) to accept a varied proposal to take an action, the Minister must decide whether or not to accept the varied proposal.…
Section 156C — Minister may request further information in relation to a varied proposal
(1) If the Minister believes on reasonable grounds that a request under subsection 156A(1) to accept a varied proposal to take an action does not include enough information for the Minister to decide…
Section 156D — Effect of Minister’s decision to accept or not accept a varied proposal
(1) If the Minister decides to accept a varied proposal to take an action: (a) any provisions of this Chapter that, because of subsection 156A(4), have ceased to apply in relation to the original…
Section 156E — Notice of decision
(1) Within 10 business days after deciding under subsection 156B(1) whether or not to accept a varied proposal to take an action, the Minister must give written notice of the decision to: (a) the…
Section 156F — Change of person proposing to take action
Notice of change of person proposing to take action (1) At any time: (a) after a proposal by a person to take an action has been referred to the Minister under Division 1 of Part 7; and (b) before…
Section 157 — Actions treated as though they were in a State or the Northern Territory
(1) A provision of this Chapter that is expressed to apply in relation to actions taken or to be taken in a State also applies in the same way to actions taken or to be taken on, under or over the…
Section 157H — National interest exemption from provisions of Part 3 or this Chapter
(1) The Minister may, by written instrument, grant an exemption (a national interest exemption) for an action from a provision of Part 3 or this Chapter: (a) on the Minister’s initiative; or (b) on…
Section 157J — Effect of national interest exemption
While a national interest exemption from a provision of Part 3 or this Chapter is in force for an action, the provision does not apply in relation to the taking of the action if: (a) the action is…
Section 157K — Application for national interest exemption
(1) The following may apply to the Minister (the Environment Minister) for a national interest exemption for an action: (a) the person who proposes to take the action; (b) the designated proponent of…
Section 157L — Grounds for grant of national interest exemption
(1) Before granting a national interest exemption for an action from a provision of Part 3 or this Chapter, the Minister must be satisfied that: (a) the action is, or is likely to be, a controlled…
Section 157M — Conditions of national interest exemption
(1) The Minister may impose one or more conditions on a national interest exemption for an action. (2) The Minister must be satisfied that any condition imposed is necessary or convenient for: (a)…
Section 157N — Notice of national interest exemption
(1) As soon as practicable after granting a national interest exemption under section 157H, the Minister must: (a) give a copy of the exemption to: (i) the person to whom the exemption applies; and…
Section 157P — Variation of national interest exemption
(1) The Minister may, by written instrument, vary a national interest exemption: (a) on the Minister’s initiative; or (b) on application under section 157Q. Note: The Minister may request information…
Section 157Q — Application to vary national interest exemption
(1) The following may apply to the Minister to vary a national interest exemption: (a) the person to whom the exemption applies (the exempt person); (b) if a different person applied for the…
Section 157R — Notice of variation of national interest exemption
(1) As soon as practicable after varying a national interest exemption under section 157P, the Minister must: (a) give a copy of the variation to: (i) the person to whom the exemption, as varied,…
Section 157S — Revocation of national interest exemption
(1) The Minister may, by written instrument, revoke a national interest exemption, on the Minister’s initiative, if the Minister reasonably believes that: (a) the exemption is no longer in the…
Section 157T — Notice of revocation of national interest exemption
As soon as practicable after revoking a national interest exemption under section 157S, the Minister must: (a) give a copy of the revocation to: (i) the person to whom the exemption applied…
Section 157U — Surrender of national interest exemption
(1) A person to whom a national interest exemption applies may, in writing, request the Minister to accept the surrender of the exemption. (2) The Minister must decide whether or not to accept the…
Section 157V — Minister may request further information for making decision
(1) The Minister may request any of the following persons to provide specified information if the Minister is satisfied that the information is reasonably necessary in order for the Minister to make…
Section 158A — Approval process decisions not affected by listing events that happen after section 75 decision made
(1) In this section: approval process decision means any of the following decisions: (a) a decision under section 75 whether an action is a controlled action; (b) a decision under section 75 whether…
Section 159 — Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision: A Commonwealth agency or employee must consider advice from the Minister before authorising one of the following actions with a significant…
Section 160 — Requirement to take account of Minister’s advice
Requirement (1) Before a Commonwealth agency or employee of the Commonwealth gives an authorisation (however described) of an action described in subsection (2), the agency or employee must obtain…