Environment Protection and Biodiversity Conservation Act 1999

The Minister may, by written instrument, grant an exemption (a national interest exemption) for an action from a provision of Part 3 or this Chapter:

on the Minister’s initiative; or

on application under section 157K.

The Minister may request information to make an informed decision under subsection 157V(1).

To avoid doubt, the Minister may do so whether or not the action has been referred to the Minister under a provision of Part 7.

The exemption must specify:

the action; and

each provision from which the action is exempt; and

the person to whom the exemption applies; and

the period for which the exemption is in force; and

any conditions imposed on the exemption under section 157M.

The Minister must be satisfied that the period specified for the purposes of paragraph (3)(d) is reasonably necessary to address the national interest that is the basis for the exemption.

An exemption comes into force at the start of the period specified for the purposes of paragraph (3)(d) (which must not be earlier than the day the exemption is made).

An exemption made under subsection (1) is not a legislative instrument.