Conservation Amendment Act 2012

1: Title
This Act is the Conservation Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Conservation Act 1987 2012-08-31 Conservation Act 1987
4: New sections 17ZAA and 17ZAAB inserted
The following sections are inserted after section 17Z
17ZAA: Concession may continue after application for new concession
1: This section applies if—
a: a concession is due to expire; and
b: the concessionaire applies for a new concession for the same activity; and
c: the application complies with section 17R and includes the information required by section 17S(1) and (2); and
d: the application meets the timing requirement in subsection (2) or (3)
e: the concessionaire has complied with the terms and conditions of the existing concession.
2: The application meets the timing requirement if it is made at least 6 months before the existing concession expires.
3: The application also meets the timing requirement if—
a: it is made in the period starting 6 months before, and ending 3 months before, the existing concession expires; and
b: the Minister, in his or her discretion, allows the application to be made within that period. Minister decides to grant new concession
4: Subsection (5)
a: the Minister decides to grant the new concession; and
b: the concessionaire does not apply for reconsideration under section 17ZJ(b) before 1 of the following things happens:
i: the new concession document is signed by the parties:
ii: the specified deadline is reached.
5: The concessionaire may continue to operate under the existing concession until 1 of the things described in subsection (4)(b)(i) and (ii)
6: Subsection (7)
a: the Minister decides to grant the new concession; and
b: the concessionaire applies for reconsideration under section 17ZJ(b) before 1 of the following things happens:
i: the new concession document is signed by the parties:
ii: the specified deadline is reached.
7: The concessionaire may continue to operate under the existing concession until 1 of the following things happens:
a: the new concession document is signed by the parties:
b: the Minister completes or declines to carry out the reconsideration. Minister declines to grant new concession
8: Subsection (9)
a: the Minister declines to grant the new concession; and
b: the concessionaire does not apply for reconsideration under section 17ZJ(a) before the specified deadline.
9: The concessionaire may continue to operate under the existing concession until the specified deadline.
10: Subsection (11)
a: the Minister declines to grant the new concession; and
b: the concessionaire applies for reconsideration under section 17ZJ(a) before the specified deadline.
11: The concessionaire may continue to operate under the existing concession until the Minister completes or declines to carry out the reconsideration.
12: This section does not apply to an existing concession if section 17ZAAB Meaning of specified deadline
13: In this section, specified deadline
a: the end of the day that is 1 month after the day of the Minister's decision to grant or to decline to grant the new concession:
b: the end of any time limit for the concessionaire to apply for reconsideration under section 17ZJ that is prescribed by regulations made under section 48AA
17ZAAB: Concession may continue after process initiated under section 17ZG(2)(a)
1: This section applies if—
a: a concession is due to expire; and
b: the Minister has exercised a power under section 17ZG(2)(a) to initiate a process that relates to an application for a concession; and
c: an application by the concessionaire for a new concession for the same activity would be inconsistent with the process if the application were made when written notice is given under paragraph (d)
d: the concessionaire gives written notice to the Minister that the concessionaire wants to continue to operate under the existing concession under this section; and
e: the written notice meets the timing requirement in subsection (2) or (3)
f: the concessionaire has complied with the terms and conditions of the existing concession.
2: The written notice meets the timing requirement if it is given at least 6 months before the existing concession expires.
3: The written notice also meets the timing requirement if—
a: it is given in the period starting 6 months before, and ending 3 months before, the existing concession expires; and
b: the Minister, in his or her discretion, allows the written notice to be given within that period.
4: The concessionaire may continue to operate under the existing concession until—
a: the Minister has decided to grant or to decline to grant a concession for each application made in accordance with the process initiated under section 17ZG(2)(a); and
b: each applicant's right to apply for reconsideration under section 17ZJ has been resolved as described in subsection (6), (8), (10), or (12) Minister decides to grant applicant's concession
5: Subsection (6)
a: the Minister decides to grant the applicant's concession; and
b: the applicant does not apply for reconsideration under section 17ZJ(b) before 1 of the following things happens:
i: the concession document is signed by the parties:
ii: the specified deadline is reached.
6: The applicant's right to apply for reconsideration is resolved when 1 of the things described in subsection (5)(b)(i) and (ii)
7: Subsection (8)
a: the Minister decides to grant the applicant's concession; and
b: the applicant applies for reconsideration under section 17ZJ(b) before 1 of the following things happens:
i: the concession document is signed by the parties:
ii: the specified deadline is reached.
8: The applicant's right to apply for reconsideration is resolved when 1 of the following things happens:
a: the concession document is signed by the parties:
b: the Minister completes or declines to carry out the reconsideration. Minister declines to grant applicant's concession
9: Subsection (10)
a: the Minister declines to grant the applicant's concession; and
b: the applicant does not apply for reconsideration under section 17ZJ(a) before the specified deadline.
10: The applicant's right to apply for reconsideration is resolved when the specified deadline is reached.
11: Subsection (12)
a: the Minister declines to grant the applicant's concession; and
b: the applicant applies for reconsideration under section 17ZJ(a) before the specified deadline.
12: The applicant's right to apply for reconsideration is resolved when the Minister completes or declines to carry out the reconsideration.
13: This section does not apply to an existing concession if section 17ZAA Meaning of specified deadline
14: In this section, specified deadline
a: the end of the day that is 1 month after the day of the Minister's decision to grant or to decline to grant the relevant applicant's concession:
b: the end of any time limit for the relevant applicant to apply for reconsideration under section 17ZJ that is prescribed by regulations made under section 48AA
5: New section 48AA inserted
The following section is inserted after section 48
48AA: Regulations prescribing time limits for applications for concessions
1: The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
a: prescribing a time limit for the Minister or the applicant to do anything under Part 3B in relation to an application for a concession under Part 3B or another enactment that applies Part 3B, if Part 3B does not already prescribe a time limit for doing that thing:
b: prescribing a time limit for the Director-General to satisfy the requirement of section 49(2)(c) or (d) in relation to an application for a concession under Part 3B or another enactment that applies Part 3B:
c: providing for how a prescribed time limit may be extended (for example, at the Minister's discretion or by agreement between the Minister and the applicant):
d: providing for the extent to which a prescribed time limit may be extended:
e: providing for the consequences of not meeting a prescribed time limit or any extension of the time limit:
f: providing for any other matters relating to a prescribed time limit.
2: In this section, prescribed time limit