Environment Protection and Biodiversity Conservation Act 1999

In making a decision prescribed by the regulations for the purposes of this subsection, a person must:

apply any national environmental standard prescribed for the decision; and

apply it in the way prescribed.

Other provisions of this Act may also require a person to apply a standard in a specified way in making a decision (see for example section 136A).

For the purposes of paragraph (1)(b), the regulations may prescribe the following ways that a national environmental standard is to be applied by a person making a decision:

by the person being satisfied that the decision is not inconsistent with the standard;

by the person being satisfied that the decision is consistent with the standard;

by the person having regard to the standard;

any other way.

Regulations prescribing a national environmental standard for the purposes of a provision of this Act that refers to a national environmental standard prescribed for the purposes of the provision may prescribe the whole or a specified part of a standard. If a specified part is prescribed, the provision is taken to refer to the part of the standard that is prescribed.

A person may, in making a decision under this Act, have regard to any national environmental standard the person considers relevant to the decision.

However, a person is only required to apply a national environmental standard in making a decision under this Act if subsection (1) of this section, or another provision of this Act, requires it.

Unless this Act requires a person to apply a national environmental standard in making a decision under this Act, a failure by a person to have regard to or apply a national environmental standard does not affect the validity of the decision.