ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 89 Director may issue permits

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 89

89.(1) Subject to this Division, the Director may, in writing, issue a permit
to a person under which:

   (a)  the person or persons on whose behalf the application for the permit
        was made; or

   (b)  if the application was made on behalf of the members, from time to
        time, of a specified group of persons-any person who is, at the
        relevant time, a member of the group of persons specified in the
        permit; the person or persons may do the acts specified in the permit
        without breaching section 87.

(2) The Director may include in the permit any conditions to which the permit
is subject, including (for example) conditions stating the period within which
the acts specified in the permit may be done.

(3) The Director must not issue the permit unless satisfied that the acts
specified in the permit:

   (a)  will significantly contribute to the conservation of the listed native
        species concerned or another listed native species; or

   (b)  are merely incidental to other acts and will not:

        (i)    appreciably reduce the survival or recovery in nature of the
               listed native species concerned; or

        (ii)   be inconsistent with a recovery plan for the species that is in
               force; or

   (c)  are of particular significance to Aboriginal or Torres Strait Islander
        tradition and will not appreciably reduce the survival or recovery in
        nature of the listed native species concerned; or

   (d)  are necessary in order to control pathogens and are conducted in a way
        that will, so far as is practicable, keep to a minimum any impact on
        the listed native species concerned.

(4) In this section:

"Aboriginal" means a member of the Aboriginal race of Australia;

"Aboriginal or Torres Strait Islander tradition" means the body of traditions,
observances, customs and beliefs of Aboriginals and Torres Strait Islanders
generally or of a particular group of Aboriginals or Torres Strait Islanders;

"Torres Strait Islander" means a descendant of an indigenous inhabitant of the
Torres Strait Islands.