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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 134

Attaching conditions to approval

Generally

(1)
The Minister may attach a condition to the approval of the action if he or she is satisfied that the condition is necessary or convenient for:

(a)
protecting a matter protected by a provision of Part 3 for which the approval has effect; or

(b)
repairing or mitigating damage to a matter protected by a provision of Part 3 for which the approval has effect (whether or not the damage has been, will be or is likely to be caused by the action).

Conditions to protect matters from the approved action

(2)
The Minister may attach a condition to the approval of the action if he or she is satisfied that the condition is necessary or convenient for:

(a)
protecting from the action any matter protected by a provision of Part 3 for which the approval has effect; or

(b)
repairing or mitigating damage that may or will be, or has been, caused by the action to any matter protected by a provision of Part 3 for which the approval has effect.

This subsection does not limit subsection (1).

Other conditions that may be attached to approval

(3)
The conditions that may be attached to an approval include:

(a)
conditions relating to any security to be given by the person by bond, guarantee or cash deposit:

(i)
to comply with this Act and the regulations; and
(ii)
not to contravene a condition attached to the approval; and
(iii)
to meet any liability of the person whose taking of the action is approved to the Commonwealth for measures taken by the Commonwealth under section 499 (which lets the Commonwealth repair and mitigate damage caused by a contravention of this Act) in relation to the action; and
(b)
conditions requiring the person to insure against any specified liability of the person to the Commonwealth for measures taken by the Commonwealth under section 499 in relation to the approved action; and

(c)
conditions requiring the person taking the action to comply with conditions specified in an instrument (including any kind of authorisation) made or granted under a law of a State or self-governing Territory or another law of the Commonwealth; and

(d)
conditions requiring an environmental audit of the action to be carried out periodically by a person who can be regarded as being independent from the person whose taking of the action is approved; and

(e)
conditions requiring the preparation, submission for approval by the Minister, and implementation of a plan for managing the impacts of the approved action on a matter protected by a provision of Part 3 for which the approval has effect such as a plan for conserving habitat of a species or ecological community; and

(f)
conditions requiring specified environmental monitoring or testing to be carried out; and

(g)
conditions requiring compliance with a specified industry standard or code of practice.

This subsection does not limit the kinds of conditions that may be attached to an approval.

Considerations in deciding on condition

(4)
In deciding whether to attach a condition to an approval, the Minister must consider:

(a)
any relevant conditions that have been imposed under a law of a State or self-governing Territory or another law of the Commonwealth on the taking of the action; and

(aa)
information provided by the person proposing to take the action or by the designated proponent of the action; and

(b)
the desirability of ensuring as far as practicable that the condition is a cost-effective means for the Commonwealth and the person taking the action to achieve the object of the condition.

Validity of decision

(5)
A failure to consider information as required by paragraph (4)(aa) does not invalidate a decision about attaching a condition to the approval.



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