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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 517A

Exemption for activities that might harm particular species introduced into particular areas

Provisions for which this section applies

  (1)   This section applies for the purposes of the provisions of the following sections:

  (a)   sections   18 and 18A;

  (b)   sections   20 and 20A;

  (c)   sections   196 to 196E;

  (d)   section   207B;

  (e)   sections   211 to 211E;

  (f)   sections   254 to 254E.

Minister may exempt carrying on of activities

  (2)   The Minister may, in writing, exempt from the provisions mentioned in subsection   (1) the carrying on of particular activities by particular persons (or a particular class of persons), in a particular area, that will or may have an impact on a particular species or its habitat. The species must be a listed threatened species, a listed migratory species or a listed marine species.

Matters Minister must be satisfied of

  (3)   An exemption under subsection   (2) may only be given if the Minister is satisfied that:

  (a)   members of the species have been, or are proposed to be, introduced into the area by or on behalf of a person (whether the person is a Commonwealth agency or otherwise); and

  (b)   the purpose of the introduction, or proposed introduction, of the members of the species into the area was or is to make a contribution to the conservation of the species; and

  (c)   carrying on the activities in the area will or may have an impact on members of the species, or their habitat, but any such impact would be incidental to, and not the purpose of, the activities; and

  (d)   if the person referred to in paragraph   (a) is not the person who is or will be primarily responsible for carrying out the activities--the person who is or will be so responsible has agreed to the introduction of the members of the species into the area.

  (4)   For the purpose of deciding whether to give an exemption under subsection   (2), the Minister may (subject to subsection   (3)):

  (a)   have regard to any matters the Minister considers appropriate; and

  (b)   seek, and have regard to, information or advice from any source.

What must be specified in an exemption

  (5)   An exemption under subsection   (2) must:

  (a)   specify the species to which it applies; and

  (b)   specify the area to which it applies; and

  (c)   specify the activities to which it applies; and

  (d)   specify the persons (or classes of persons) who, if they engage in actions that are within the activities, are covered by the exemption.

When an exemption comes into force

  (6)   An exemption under subsection   (2) comes into force on the day the Minister gives the exemption, or on a later day specified in the exemption.

Actions covered by exemption do not contravene provisions for which this section applies

  (7)   While an exemption under subsection   (2) is in force, an action of a person does not contravene any of the provisions mentioned in subsection   (1), in so far as the provisions apply in relation to a member of the species specified as mentioned in paragraph   (5)(a), if:

  (a)   the action occurs in the area specified as mentioned in paragraph   (5)(b); and

  (b)   the action is within the activities specified as mentioned in paragraph   (5)(c); and

  (c)   the person is a person, or is a member of a class of persons, specified as mentioned in paragraph   (5)(d).

Note 1:   If the action also has an impact on a member of another species that is not covered by an exemption under subsection   (2), subsection   (7) does not affect the question whether the action may contravene a provision mentioned in subsection   (1), in so far as the provision applies to the other species.

Note 2:   In a prosecution for an offence against a provision mentioned in subsection   (1), the defendant bears an evidential burden in relation to the matters in this subsection. See subsection   13.3(3) of the Criminal Code .

Exemption is not a legislative instrument

  (8)   An exemption under subsection   (2) is not a legislative instrument.


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