Grounds for grant of Part 13 exemption
302D Grounds for grant of Part 13 exemption
Before granting a Part 13 exemption for an action from a provision (including a regulation made under a provision) of this Part the Minister must be satisfied that:
if the exemption were not granted, the action would contravene the provision; 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 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.
This does not limit the matters the Minister may consider.
The following provisions of this Division require the Minister to consider the national interest:
paragraph (1)(b) of this section;
subsection 302G(3);
paragraph 302K(1)(a).
This provision refers to the regulations (a regulation
). Made under this Act:
- World Heritage Properties Conservation Act 1983 - Proclamation under section 10 - para 3(b) of the World Heritage Properties Conservation Regulations (26/05/1983) · under Subdiv A of Div 1 of Pt 3
- World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - para 3(b) of the World Heritage Properties Conservation Regulations (26/05/1983) · under Subdiv A of Div 1 of Pt 3
97 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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