Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 161B

             (1)  This section applies in relation to a provision of another Act that is expressed to apply if:

                     (a)  the advice of the Minister is sought under this Subdivision in relation to a proposal to give an authorisation (however described) of an action; or

                     (b)  a proposal to give an authorisation (however described) of an action is referred to the Minister under this Subdivision.

             (2)  The provision does not apply in relation to an action if:

                     (a)  a proposal to give an authorisation (however described) of the action has been referred to the Minister under section 161; and

                     (b)  the Minister has decided under section 161A that this Subdivision does not apply in relation to the referral or the action.

Note:          See, for example, subsections 94(6A) and 95(3A) of the Airports Act 1996 and subsections 16(5) and 29(5) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 .