ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 201 Minister may issue permits
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 201
Minister may issue permits(1) Subject to subsections (3) and (3A), the Minister may, on application by a person under section 200, issue a permit to the person.
(2) A permit authorises its holder to take an action specified in the permit without breaching section 196, 196A, 196B, 196C, 196D, 196E or 207B.
(3) The Minister must not issue the permit unless satisfied that:
(a) the specified action will contribute significantly to the conservation of the listed threatened species or listed threatened ecological community concerned; or
(b) the impact of the specified action on a member of the listed threatened species or listed threatened ecological community concerned is incidental to, and not the purpose of, the taking of the action and:
(i) the taking of the action will not adversely affect the survival or recovery in nature of that species or ecological community; and
(ii) the taking of the action is not inconsistent with a recovery plan that is in force for that species or ecological community; and
(iii) the holder of the permit will take all reasonable steps to minimise the impact of the action on that species or ecological community; or
(c) the specified action is of particular significance to indigenous tradition and will not adversely affect the survival or recovery in nature of the listed threatened species or listed threatened ecological community concerned; or
(d) the specified action is necessary in order to control pathogens and is conducted in a way that will, so far as is practicable, keep to a minimum any impact on the listed threatened species or listed threatened ecological community concerned.
(3A) The Minister must, in deciding whether to issue the permit, have regard to any approved conservation advice for the listed threatened species or listed threatened ecological community concerned.
(4) In this Act:
"indigenous tradition" means the body of traditions, observances, customs and beliefs of indigenous persons generally or of a particular group of indigenous persons.
(5) In making a decision on the application, the Minister must consider the comments (if any) received:
(a) in response to the invitation under subsection 200(3) for anyone to give the Minister comments on whether the permit should be issued; and
(b) within the period specified in the invitation.