Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 391

Minister must consider precautionary principle in making decisions

Taking account of precautionary principle

             (1)  The Minister must take account of the precautionary principle in making a decision listed in the table in subsection (3), to the extent he or she can do so consistently with the other provisions of this Act.

Precautionary principle

             (2)  The precautionary principle is that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.

Decisions in which precautionary principle must be considered

             (3)  The decisions are:

 

Decisions in which precautionary principle must be considered



Item

Section decision is made under



Nature of decision

1

75

whether an action is a controlled action

2

133

whether or not to approve the taking of an action

3

201

whether or not to grant a permit

4

216

whether or not to grant a permit

5

238

whether or not to grant a permit

6

258

whether or not to grant a permit

6A

269AA

whether or not to have a recovery plan for a listed threatened species or a listed threatened ecological community

7

269A

about making a recovery plan or adopting a plan as a recovery plan

7A

270A

whether or not to have a threat abatement plan for a key threatening process

7B

270B

about making a threat abatement plan or adopting a plan as a threat abatement plan

8

280

about approving a variation of a plan adopted as a recovery plan or threat abatement plan

9

285

about making a wildlife conservation plan or adopting a plan as a wildlife conservation plan

10

295

about approving a variation of a plan adopted as a wildlife conservation plan

10A

303CG

whether or not to grant a permit

10AA

303DC

whether or not to amend the list of exempt native specimens

10B

303DG

whether or not to grant a permit

10C

303EC

about including an item in the list referred to in section 303EB

10D

303EN

whether or not to grant a permit

10E

303FN

about declaring an operation to be an approved wildlife trade operation

10F

303FO

about declaring a plan to be an approved wildlife trade management plan

10G

303FP

about declaring a plan to be an accredited wildlife trade management plan

10H

303GB

whether or not to grant an exceptional circumstances permit

11

316

about making a plan for managing a property that is included in the World Heritage List and is entirely within one or more Commonwealth areas

11A

324S

about making a plan for managing a National Heritage place

12

328

about making a plan for managing a wetland that is designated for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention and is entirely within one or more Commonwealth areas

13

338

about making a plan for managing a Biosphere reserve entirely within one or more Commonwealth areas

13A

341T

about endorsing a plan for managing a Commonwealth Heritage place

14

370

about approving a management plan for a Commonwealth reserve



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback