Commonwealth Numbered Acts

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

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 238

Minister may issue permits
(1)
Subject to subsections (3) and (4), the Minister may, on application by a person under section 237, issue a permit to the person.

(2)
A permit authorises its holder to take an action specified in the permit without breaching sections 229, 229A, 229B, 229C, 229D, 230, 233 and 234.

(3)
The Minister must not issue the permit unless satisfied that:

(a)
the specified action will contribute significantly to the conservation of cetaceans; or

(b)
if the specified action will interfere with cetaceans, the interference is incidental to, and not the purpose of, the taking of the action and:

(i)
the taking of the action will not adversely affect the conservation status of a species of cetacean or a population of that species; and
(ii)
the taking of the action is not inconsistent with a recovery plan or wildlife conservation plan that is in force for a species of cetacean; and
(iii)
the holder of the permit will take all reasonable steps to minimise the interference with cetaceans; or
(c)
the specified action is whale watching and is carried out in accordance with the regulations (if any) made for the purposes of this section.

Note: In deciding whether to issue the permit, the Minister must consider the assessment report that relates to the action to be covered by the permit and was prepared as a result of Part 8 applying because of section 165.

(3A)
In making a decision on the application, the Minister must consider all written submissions made by persons or bodies registered under section 266A (about registration for consultation on permit applications) to the Minister on or before the day, and at the address for lodgment, specified in the notice under section 237.

(4)
The Minister must not grant a permit authorising its holder to kill a cetacean or to take a cetacean for live display.

(5)
In this Act:

"whale watching "means any activity conducted for the purpose of observing a whale, including but not limited to being in the water for the purposes of observing or swimming with a whale, or otherwise interacting with a whale.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback