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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 59 Suspension or cancellation

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 59

Suspension or cancellation

Minister may give notice of suspension or cancellation

  (1)   If, after the consultation, the Environment Minister is not satisfied that the State or Territory:

  (a)   has complied with, and will comply with, the agreement; and

  (b)   has given effect, and will give effect, to the agreement in a way that:

  (i)   accords with the objects of this Act and the objects of this Part; and

  (ii)   promotes the discharge of Australia's obligations under all international agreements (if any) relevant to a matter covered by the agreement;

he or she may give the appropriate Minister of the State or Territory a written notice described in subsection   (2) or (3).

Example 1:   The Minister could give notice if the agreement declared that certain actions affecting the world heritage values of a declared world heritage property did not require approval under Part   9 if approved by the State, and the State approved an action that was not consistent with the protection, conservation and presentation of those values.

Example 2:   The Minister could give notice if the agreement declared that certain actions affecting the ecological character of a declared Ramsar wetland did not require approval under Part   9 if approved by the State, and the State approved an action that had a significant adverse impact on that character.

Example 3:   The Minister could give notice if the agreement declared that certain actions affecting a listed threatened species did not require approval under Part   9 if approved by the State, and the State approved an action that caused the species to become more threatened.

Notice of suspension

  (2)   A notice may state that the effect of the agreement, or specified provisions of the agreement, for the purposes of this Act or specified provisions of this Act is suspended, either generally or in relation to actions in a specified class, for a period:

  (a)   starting on a specified day at least 10 business days (in the capital city of the State or Territory) after the day on which the notice is given; and

  (b)   ending on a specified later day or on the occurrence of a specified event.

Notice of cancellation

  (3)   A notice may state that the effect of the agreement, or specified provisions of the agreement, for the purposes of this Act or specified provisions of this Act is cancelled, either generally or in relation to actions in a specified class, on a specified day at least 10 business days (in the capital city of the State or Territory) after the day on which the notice is given.

Effect suspended or cancelled in accordance with notice

  (4)   The effect of an agreement or specified provision of an agreement is suspended or cancelled for the purposes of this Act, or of a specified provision of this Act, either generally or in relation to actions in a specified class, in accordance with the notice. This subsection has effect subject to sections   61 and 62.

Reasons for giving notice

  (5)   When giving a notice, the Environment Minister must give the appropriate Minister of the State or Territory a written statement of reasons for the giving of the notice.

Publishing notice and reasons

  (6)   As soon as practicable after the suspension or cancellation occurs, the Environment Minister must publish in accordance with the regulations:

  (a)   notice of the suspension or cancellation; and

  (b)   reasons for the suspension or cancellation.

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