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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303EN

Minister may issue permits

  (1)   The Minister may, on application made by a person under section   303EL, issue a permit to the person. This subsection has effect subject to subsection   (3).

  (2)   A permit authorises its holder to take the action or actions specified in the permit, in the permitted period, without breaching section   303EK.

  (2A)   For the purpose of subsection   (2), the permitted period is the period specified in the permit as the period during which the action or actions specified in the permit may be taken. The period so specified must start on the date of issue of the permit and end not later than 3 years after that date.

  (3)   The Minister must not issue a permit unless the Minister is satisfied that:

  (a)   the proposed import would not be:

  (i)   likely to threaten the conservation status of a species or ecological community; or

  (ii)   likely to threaten biodiversity; and

  (b)   the specimen is included in Part   2 of the list referred to in section   303EB; and

  (c)   if any restriction or condition is applicable to the specimen under a notation in Part   2 of the list referred to in section   303EB--that restriction or condition has been, or is likely to be, complied with; and

  (d)   the specimen was not obtained in contravention of, and the import would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory; and

  (e)   if the specimen belongs to a taxon specified in the regulations--the conditions that, under the regulations, are applicable to the welfare of the specimen have been, or are likely to be, complied with.

  (4)   This section has effect subject to section   303GA.

Note:   Section   303GA deals with controlled actions, and actions for which a non - Part   13A permit is required.


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