Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_70:p1
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 70 (pt 1/3)
Character Range: 155742–158386

70  Transitional—applications pending immediately before this item commenced

(1) For the purposes of this item, an application for a permit or authority to export or import a specimen is a pending application if:
 (a) the application was made by a person under the Wildlife Protection (Regulation of Exports and Imports) Act 1982 (other than section 41 or 43A) before the commencement of this item; and
 (b) the application was not withdrawn before that commencement; and
 (c) the permit or authority was neither granted, nor refused, before that commencement.

(2) If:
 (a) the pending application is an application for a permit or authority to export or import a CITES specimen; and
 (b) within 28 days after the commencement of this item, the person pays the fee prescribed by the regulations;
the person is taken, on the day on which the fee is paid, to have made an application (the fresh application) under section 303CE of the Environment Protection and Biodiversity Conservation Act 1999 for a permit to be issued under section 303CG of that Act authorising the export or import, as the case may be, of the specimen.

(3) If:
 (a) the pending application is an application for a permit or authority to export a regulated native specimen (other than a CITES specimen); and
 (b) within 28 days after the commencement of this item, the person pays the fee prescribed by the regulations;
the person is taken, on the day on which the fee is paid, to have made an application (the fresh application) under section 303DE of the Environment Protection and Biodiversity Conservation Act 1999 for a permit to be issued under section 303DG of that Act authorising the export of the specimen.

(4) If:
 (a) the pending application is an application for a permit or authority to import a regulated live specimen (other than a CITES specimen); and
 (b) within 28 days after the commencement of this item, the person pays the fee prescribed by the regulations;
the person is taken, on the day on which the fee is paid, to have made an application (the fresh application) under section 303EL of the Environment Protection and Biodiversity Conservation Act 1999 for a permit to be issued under section 303EN of that Act authorising the import of the specimen.

(5) If information was given to the Minister in connection with the pending application, the information is taken to have been given to the Minister in connection with the fresh application.

(6) At the same time as the fee was paid, or at any time during the 28‑day period beginning on the day on which the fee was paid, the person may:
 (a) give the Minister a written notice:
 (i) setting