Environment Protection and Biodiversity Conservation Act 1999

As soon as practicable after varying a Part 13 exemption under section 302G, the Minister must:

give a copy of the variation to:

the person to whom the exemption, as varied, applies; and

if a different person applied for the variation—that person; and

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

However, the Minister must not publish under paragraph (1)(b) so much of the variation 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.