Environment Protection and Biodiversity Conservation Act 1999

As soon as practicable after granting a national interest exemption under section 157H, the Minister must:

give a copy of the exemption to:

the person to whom the exemption applies; and

if a different person applied for the exemption under subsection 157K(1)—that person; and

publish a copy of the exemption together with the Minister’s reasons for granting the exemption on the Department’s website.

However, the Minister must not publish under paragraph (1)(b) so much of the exemption or reasons as:

is:

an exempt document under section 47 of the Freedom of Information Act 1982 (trade secrets etc.); or

a conditionally exempt document under section 47G of that Act (business documents) to which access would, on balance, be contrary to the public interest for the purposes of subsection 11A(5) of that Act; or

the Minister believes it is in Australia’s national interest not to provide.

Subsection 157C(2) applies in relation to determining Australia’s national interest.