ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303GB Exceptional circumstances permit
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303GB
Exceptional circumstances permit(a) the Minister is considering an application by a person for a permit to be issued under section 303CG, 303DG or 303EN in relation to a specimen; and
(b) under this Part, the Minister is precluded from issuing that permit unless the Minister is satisfied in relation to a matter; and
(c) even though the Minister is not satisfied in relation to that matter, the Minister is satisfied that:
(i) the export or import of the specimen, as the case may be, would not be contrary to the objects of this Part; and
(ii) exceptional circumstances exist that justify the proposed export or import of the specimen; and
(iii) the export or import of the specimen, as the case may be, would not adversely affect biodiversity;
the Minister may issue a permit to the person.
(1A) The Minister must not issue a permit under this section unless the grant of that permit would not be contrary to CITES.
(2) A permit under this section authorises the holder of the permit to take the action or actions specified in the permit, in the permitted period, without breaching section 303CC, 303CD, 303DD or 303EK.
(2A) For the purpose of subsection (2), the permitted period is the period specified in the permit as the period during which the action or actions specified in the permit may be taken. The period so specified must start on the date of issue of the permit and end not later than:
(a) if the permit relates to a CITES specimen--6 months after that date; or
(b) if the permit relates to a specimen other than a CITES specimen--12 months after that date.
(3) A permit under this section:
(a) comes into force on the date on which it is issued; and
(b) unless it is sooner cancelled, remains in force until all of the following periods have ended:
(i) the permitted period (within the meaning of subsection (2A));
(ii) each period for which one or more conditions of the permit are expressed to apply.
(5) The Minister may, within 40 business days after an application is made as mentioned in subsection (1), request the applicant to give the Minister, within the period specified in the request, further information for the purpose of enabling the Minister to deal with the application.
(6) The Minister may refuse to consider the application until the applicant gives the Minister the information in accordance with the request.
(7) Before issuing a permit under this section, the Minister must cause to be published on the internet a notice:
(a) setting out the proposal to issue the permit; and
(b) setting out sufficient information to enable persons and organisations to consider adequately the merits of the proposal; and
(c) inviting persons and organisations to give the Minister, within the period specified in the notice, written comments about the proposal.
(8) A period specified in a notice under subsection (7) must not be shorter than 5 business days after the date on which the notice was published on the internet.
(9) In making a decision under subsection (1) about
whether to issue a permit, the Minister must consider any comments about the
proposal to issue the permit that were given in response to an invitation
under subsection (7).