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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 19

Certain actions relating to listed threatened species and listed threatened ecological communities not prohibited

  (1)   A subsection of section   18 or 18A relating to a listed threatened species does not apply to an action if an approval of the taking of the action by the person is in operation under Part   9 for the purposes of any subsection of that section that relates to a listed threatened species.

  (2)   A subsection of section   18 or 18A relating to a listed threatened ecological community does not apply to an action if an approval of the taking of the action by the person is in operation under Part   9 for the purposes of either subsection of that section that relates to a listed threatened ecological community.

  (3)   A subsection of section   18 or 18A does not apply to an action if:

  (a)   Part   4 lets the person take the action without an approval under Part   9 for the purposes of the subsection; or

  (b)   there is in force a decision of the Minister under Division   2 of Part   7 that the subsection is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section   77, the action is taken in that manner; or

  (c)   the action is an action described in subsection   160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

  (4)   A subsection of section   18 or 18A does not apply to an action, to the extent that it is covered by subsection   517A(7).


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