Conditions of Part 13 exemption
302E Conditions of Part 13 exemption
The Minister may impose one or more conditions on a Part 13 exemption for an action from a provision if any of the following subsections apply.
Conditions—general
The Minister is satisfied that:
the provision is not a regulation made for the purposes of paragraph 301A(b), (c) or (d); and
the condition is necessary or convenient for protecting from the action, or mitigating damage that has been, will be or may be caused by the action to:
a listed threatened species, a listed threatened ecological community, a listed migratory species or a listed marine species, or the habitat of such a species or of such an ecological community, that is in a Commonwealth area; or
the environment in a Commonwealth area.
Conditions—cetaceans
The Minister is satisfied that:
the provision is not a regulation made for the purposes of paragraph 301A(b), (c) or (d); and
the action is likely to interfere with, or otherwise affect, cetaceans in, or in waters beyond the outer limits of, the Australian Whale Sanctuary; and
the condition is necessary or convenient for:
avoiding or mitigating the interference with or effect on the cetaceans that has been, will be or is likely to be caused by the action; or
protecting from the action, or mitigating damage that has been, will be or may be caused by the action to, the environment of, or the environment of waters beyond the outer limits of, the Australian Whale Sanctuary.
Conditions—bringing invasive species into Australia
The Minister is satisfied that:
the provision is a regulation made for the purposes of paragraph 301A(b); and
the condition relates to bringing a member of a species included in the list mentioned in paragraph 301A(a) into the Australian jurisdiction.
Conditions—trade in invasive species
The Minister is satisfied that:
the provision is a regulation made for the purposes of paragraph 301A(c); and
the condition relates to trade in members of a species included in the list mentioned in paragraph 301A(a):
between Australia and another country; or
between 2 States; or
between 2 Territories; or
between a State and a Territory; or
by a constitutional corporation.
Conditions—actions involving or affecting invasive species
The Minister is satisfied that:
the provision is a regulation made for the purposes of paragraph 301A(d); and
the condition:
involves or affects members of a species included in the list mentioned in paragraph 301A(a); and
is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.
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
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.