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NATURE CONSERVATION ACT 1992 - SECT 173O Extended standing for judicial review

NATURE CONSERVATION ACT 1992 - SECT 173O

Extended standing for judicial review

173O Extended standing for judicial review

(1) This section applies, for the Judicial Review Act 1991 , to any of the following—
(a) a decision made under this Act;
(b) a failure to make a decision under this Act;
(c) conduct engaged in for the purpose of making a decision under this Act.
(2) An individual is taken to be a person aggrieved by a decision, failure or conduct mentioned in subsection (1) if—
(a) the individual is—
(i) an Australian citizen; or
(ii) ordinarily resident in Australia; and
(b) at any time in the 2 years immediately before the decision, failure or conduct, the individual engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment.
(3) A corporation or association, whether or not incorporated, and a person acting for an unincorporated association, is taken to be a person aggrieved by a decision, failure or conduct mentioned in subsection (1) if—
(a) the corporation or association is incorporated, or was otherwise established, in Australia; and
(b) at any time in the 2 years immediately before the decision, failure or conduct, the corporation or association engaged in a series of activities in Australia for the 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 corporation or association include protection or conservation of, or research into, the environment.
(4) A term used in this section that is defined in the Judicial Review Act 1991 has the meaning given to it by that Act.