Environment Protection and Biodiversity Conservation Act 1999

Subject to subsection (3), the CEO may, on application by a person under section 257, issue a permit to the person.

A permit authorises its holder to take the actions specified in the permit without breaching section 254, 254A, 254B, 254C, 254D or 254E.

The CEO must not issue the permit unless satisfied that:

the specified action will significantly contribute to the conservation of the listed marine species concerned or other listed marine species; or

the impact of the specified action on a member of the listed marine species concerned is incidental to, and not the purpose of, the taking of the action and:

the taking of the action will not adversely affect the conservation status of that species or a population of that species; and

the taking of the action is not inconsistent with a wildlife conservation plan for that species that is in force; and

the holder of the permit will take all reasonable steps to minimise the impact of the action on that species; or

the specified action is of particular significance to indigenous tradition and will not adversely affect the conservation status of the listed marine species concerned; or

the specified action is necessary in order to control pathogens and is conducted in a way that will, so far as is practicable, keep to a minimum any impact on the listed marine species concerned.

In making a decision on the application, the CEO must consider the comments (if any) received:

in response to the invitation under subsection 257(3) for anyone to give the CEO comments on whether the permit should be issued; and

within the period specified in the invitation.