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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 57

Representations about suspension or cancellation

Representations

  (1)   A person may refer to the Minister a matter that the person believes involves a contravention of a bilateral agreement.

Minister must decide whether agreement has been contravened

  (2)   The Minister must:

  (a)   decide whether or not the bilateral agreement has been contravened; and

  (b)   decide what action he or she should take in relation to any contravention.

Publication of decision and reasons

  (3)   The Minister must publish in accordance with the regulations each decision he or she makes, and the reasons for it.

Minister need not decide on vexatious referrals

  (4)   Despite subsection   (2), the Minister need not make a decision under that subsection if he or she is satisfied that:

  (a)   the referral was vexatious, frivolous, or not supported by sufficient information to make a decision; or

  (b)   the matter referred is the same in substance as a matter that has been referred before; or

  (c)   if the alleged contravention of the bilateral agreement were a contravention of the Act, the person referring the matter would not be entitled to apply under section   475 for an injunction in relation to the contravention.


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