Environment Protection and Biodiversity Conservation Act 1999

This section applies to a permit issued under this Part.

A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (3).

The Minister may, in accordance with the regulations:

vary or revoke a condition of a permit; or

impose further conditions of a permit.

The Minister’s powers under subsection (3) may be exercised:

on the Minister’s own initiative; or

on the application of the holder of the permit concerned.

If a permit authorises its holder to take a particular action, a condition of the permit may require the holder to do, or not do, an act or thing before, at or after the time when the action takes place.

Without limiting subsection (5), a condition of a permit may be expressed to apply for a period that will not end until after the export or import of a specimen under the permit has occurred, including for example:

a period the length of which is known when the condition is imposed (such as a period that is expressed as a specified number of years); or

a period the length of which is unknown when the condition is imposed (such as a period that is expressed as the life of the specimen, or the life of progeny of the specimen).

Conditions may, for example, relate to how a specimen, and its progeny, are kept or dealt with during their lifetimes.

If a person is given an authority under section 303GG by the holder of a permit, subsections (5) and (5A) apply to the person in a corresponding way to the way in which they apply to the holder of the permit.

Subsections (4), (5), (5A) and (6) are to be disregarded in determining the meaning of a provision of this Act (other than a provision of this Part) that relates to conditions of permits issued otherwise than under this Part.