Environment Protection and Biodiversity Conservation Act 1999

Before granting a national interest exemption for an action from a provision of Part 3 or this Chapter, the Minister must be satisfied that:

the action is, or is likely to be, a controlled action; and

for an exemption from a provision of Part 3—the provision is, or is likely to be, a controlling provision for the action; and

it is in the national interest that the provision not apply to the taking of the action by the person to whom the exemption is to apply.

In deciding whether the Minister is satisfied as required by paragraph (1)(a) or (b), the Minister:

if the action has been referred under a provision of Part 7—must have regard to the information provided in relation to the referral; and

whether or not the action has been referred under a provision of Part 7—may have regard to any other information the Minister considers relevant.

In determining the national interest for the purposes of a provision of this Division, the Minister may consider:

Australia’s defence or security; or

a national emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.

The following provisions of this Division require the Minister to consider the national interest:

paragraph (1)(c) of this section;

subsection 157P(3);

paragraph 157S(1)(a).