ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303GD Testing permit--section 303EE assessments

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303GD

Applications for permits

  (1)   A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under subsection   (5).

  (2)   The application must be accompanied by the fee (if any) prescribed by the regulations.

Further information

  (3)   The Minister may, within 40 business days after the application is made, request the person 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.

  (4)   The Minister may refuse to consider the application until the person gives the Minister the information in accordance with the request.

Minister may issue permits

  (5)   The Minister may, on application made by a person under subsection   (1), issue a permit to the person. This subsection has effect subject to subsections   (7) and (8).

  (6)   A permit authorises its holder to take the action or actions specified in the permit, in the permitted period, without breaching section   303EK.

  (6A)   For the purpose of subsection   (6), 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 6 months after that date.

  (7)   The Minister must not issue a permit to a person unless the Minister is satisfied that:

  (a)   the person has made an application to the Minister under section   303EE for the list referred to in section   303EB to be amended by including an item; and

  (b)   if the proposed amendment were made, the specimen would be covered by the item; and

  (c)   the specimen is not a CITES specimen; and

  (d)   if an assessment is to be made under subsection   303EE(3) of the potential impacts on the environment of the proposed amendment--the terms of reference for a report on the assessment have been:

  (i)   prepared as mentioned in paragraph   303EF(1)(a); or

  (ii)   finalised as mentioned in subparagraph   303EF(1)(b)(iii); and

  (e)   the person proposes to conduct tests on the specimen in Australia in order to obtain information for the assessment; and

  (f)   the information is required for the assessment; and

  (g)   it is not reasonably practicable for the person to obtain the information without conducting the tests in Australia; and

  (h)   the tests will be conducted in a controlled environment.

  (8)   The Minister must not issue a permit under this section unless the permit is subject to one or more conditions about holding the specimen in quarantine.

Duration of permit

  (9)   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   (6A));

  (ii)   each period for which one or more conditions of the permit are expressed to apply.

Investigations

  (10)   A reference in this section to tests on the specimen includes a reference to investigations relating to the specimen.