Overview

(1)

This section provides for the assessment of an action for which a person is applying for a permit under Division 3 of Part 13 (about whales and other cetaceans).

Application of Part 8

(2)

Part 8 (except sections 82, 83 and 84) and the other provisions of this Act (so far as they relate to that Part) apply in relation to the action proposed to be authorised by the permit as if:

(a)

the application for the permit were a referral of a proposal to take the action; and

(b)

the Minister had decided under Division 2 of Part 7 that the action was a controlled action when the application was made; and

(c)

the person applying for the permit had been designated as the proponent of the action by the Minister under section 75; and

(d)

a reference in Part 8 or those provisions to the relevant impacts of the action were a reference to the impact that the action has, will have or is likely to have on cetaceans; and

(e)

a reference in Part 8 or those provisions to making an informed decision on approving under Part 9 (for the purposes of each controlling provision) the taking of the action were a reference to making an informed decision about whether or not to issue the permit.

Assessment report must be considered in decision on permit

(5)

The Minister must consider the assessment report relating to the action when deciding whether to grant the permit for the action.

Subdivision C—Assessment under agreement with State or Territory