Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 146B

  (1)   Subject to Subdivision   C, the Minister may approve the taking of an action or a class of actions in accordance with an endorsed policy, plan or program.

Note:   Subdivision   C sets out matters that the Minister must take into account in deciding whether or not to approve the taking of an action or a class of actions in accordance with an endorsed policy, plan or program.

  (2)   An approval of the taking of an action or a class of actions in accordance with an endorsed policy, plan or program must:

  (a)   be in writing; and

  (b)   specify the action or class of actions that may be taken in accordance with the endorsed policy, plan or program; and

  (c)   specify each provision of Part   3 for which the approval has effect; and

  (d)   specify the period for which the approval has effect; and

  (e)   set out the conditions attached to the approval.

  (2A)   An approval of the taking of an action or a class of actions in accordance with an endorsed policy, plan or program may specify the person or persons who may take the action or an action in the class of actions.

  (3)   The Minister must:

  (a)   give a copy of the approval to the person responsible for the adoption or implementation of the endorsed policy, plan or program; and

  (b)   provide a copy of the approval to a person who asks for it (either at no charge or for a reasonable charge determined by the Minister).

  (4)   However, the Minister must not provide under subsection   (3) a copy of so much of the approval as:

  (a)   is:

  (i)   an exempt document under section   47 of the Freedom of Information Act 1982 (trade secrets); or

  (ii)   a conditionally exempt document under section   47G of that Act (business documents) to which access would, on balance, be contrary to the public interest for the purposes of subsection   11A(5) of that Act; or

  (b)   the Minister believes it is in the national interest not to provide.

The Minister may consider the defence or security of the Commonwealth when determining what is in the national interest. This does not limit the matters the Minister may consider.

  (5)   An approval given under subsection   (1) is not a legislative instrument.