Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 - REG 5.03

What preliminary information must be given

         (1)   The information that must be given to the Minister is the information mentioned in:

                (a)    for information that must be given because of the operation of section 162 of the Act -- Part 2 of Schedule 3; and

               (b)    in any other case -- Part 1 of Schedule  3 .

         (2)   Information may be given by reference to information given:

                (a)    under regulation 4.03 in the referral of the proposal to take an action; or

               (b)    under regulation 1 7 .02 in an application for a permit in relation to whales, dolphins or porpoises.

         (3)   However, information, including information mentioned in item 8 of Part 1 of Schedule 3, does not have to be included if, in all the circumstances, it would be unreasonable to expect the information to be included.

Example of information that does not have to be included

Information of a kind that could only reasonably be obtained by preparing an environmental impact statement.

Note 1    If the Minister believes on reasonable grounds that not enough information has been given for the Minister to decide whether the action is a controlled action, the Minister may ask for more information to be given -- see Act, section 89.

Note 2    It is an offence to be reckless or negligent as to whether information provided under this regulation is false or misleading in a material particular -- see Act, section 489.

         (4)   Information given under this Division must state:

                (a)    the source of the information; and

               (b)    how recent the information is; and

                (c)    how the reliability of the information was tested; and

               (d)    what uncertainties (if any) are in the information.



[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]