Commonwealth Consolidated Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 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 between 2 States; or

                             (ii)  by a constitutional corporation; or

                     (b)  for the purposes of section 25 of an action that is prescribed for the purposes of subsection 25(1) and is taken:

                              (i)  by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or

                             (ii)  by a constitutional corporation.

             (2)  The Minister must not grant the approval, or attach a condition to the approval, that has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.



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