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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 487

Extended standing for judicial review

             (1)  This section extends (and does not limit) the meaning of the term person aggrieved in the Administrative Decisions (Judicial Review) Act 1977 for the purposes of the application of that Act in relation to:

                     (a)  a decision made under this Act or the regulations; or

                     (b)  a failure to make a decision under this Act or the regulations; or

                     (c)  conduct engaged in for the purpose of making a decision under this Act or the regulations.

             (2)  An individual is taken to be a person aggrieved by the decision, failure or conduct if:

                     (a)  the individual is an Australian citizen or ordinarily resident in Australia or an external Territory; and

                     (b)  at any time in the 2 years immediately before the decision, failure or conduct, the individual has engaged in a series of activities in Australia or an external Territory for protection or conservation of, or research into, the environment.

             (3)  An organisation or association (whether incorporated or not) is taken to be a person aggrieved by the decision, failure or conduct if:

                     (a)  the organisation or association is incorporated, or was otherwise established, in Australia or an external Territory; and

                     (b)  at any time in the 2 years immediately before the decision, failure or conduct, the organisation or association has engaged in a series of activities in Australia or an external Territory for protection or conservation of, or research into, the environment; and

                     (c)  at the time of the decision, failure or conduct, the objects or purposes of the organisation or association included protection or conservation of, or research into, the environment.

             (4)  A term (except person aggrieved ) used in this section and in the Administrative Decisions (Judicial Review) Act 1977 has the same meaning in this section as it has in that Act.



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