ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 160 Requirement to take account of Minister's advice

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 160

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 and consider advice from the Minister in accordance with this Subdivision.

Note:   The giving of an authorisation for an action may be constituted by the renewal of an authorisation of the action or the variation of an authorisation for a different action.

Minister may decide advice is not required

  (1A)   Subsection   (1) does not apply in relation to an authorisation of an action if:

  (a)   the agency or employee has referred a proposal to give the authorisation to the Minister under subsection   161(1); and

  (b)   the Minister has decided under subsection   161A(1) that this Subdivision   does not apply in relation to the referral or the action.

Relevant actions

  (2)   Subsection   (1) applies in relation to:

  (a)   the entry by the Commonwealth, under Australia's foreign aid program, into a contract, agreement or arrangement for the implementation of a project that has, will have or is likely to have a significant impact on the environment anywhere in the world; and

  (b)   the adoption or implementation of a plan for aviation airspace management involving aircraft operations that have, will have or are likely to have a significant impact on the environment; and

  (c)   the adoption or implementation of a major development plan (as defined in the Airports Act 1996 ); and

  (d)   any other action prescribed by the regulations for the purposes of this paragraph.

  (2A)   Regulations may prescribe an action for the purposes of paragraph   (2)(d):

  (a)   partly by reference to the action's having, or being likely to have, a significant impact on the environment; or

  (b)   partly by reference to a specified person believing that the action has, will have or is likely to have a significant impact on the environment; or

  (c)   wholly or partly by reference to legislation under which the authorisation of the action is to be granted.

This does not limit the ways in which regulations may prescribe an action.

This section does not apply to actions like those already assessed

  (3)   Subsection   (1) does not apply in relation to a particular authorisation (the later authorisation ) if the agency or employee has complied with, or is complying with, this Subdivision   in relation to another authorisation or proposed authorisation and is satisfied of one or both of the matters in subsection   (4).

Which actions are like actions?

  (4)   For the purposes of subsection   (3), the agency or employee must be satisfied that:

  (a)   the Minister's advice relating to the other authorisation deals or will deal with all the impacts that the action to which the later authorisation relates has, will have or is likely to have on the environment; or

  (b)   the impacts that the action to which the later authorisation relates has, will have or is likely to have on the environment:

  (i)   are an extension of the corresponding impacts of the action to which the other authorisation relates; and

  (ii)   are not significantly different in nature from those corresponding impacts; and

  (iii)   do not significantly add to those corresponding impacts.

State law excluded in relation to aviation

  (5)   A law of a State or Territory does not apply in relation to the assessment of the certain or likely environmental impacts of an action described in paragraph   (2)(b) if subsection   (1) applies in relation to authorisation of the action, or would apply apart from subsection   (3).