Document ID: chunk:federal_register_of_legislation:C2024C00489:section:58a:p1
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 58A (pt 1/2)
Character Range: 183819–186616

58A  Extended standing of individuals and organisations to seek judicial review
 (1) This section has effect for the purposes of the application of the Administrative Decisions (Judicial Review) Act 1977 to a decision under this Act.
 (2) An individual is taken to be a person aggrieved by the decision if:
 (a) the individual is an Australian citizen or ordinarily resident in Australia; and
 (b) at any time during the 2‑year period ending immediately before the decision was made, the individual has engaged in a series of activities relating to any of the following:
 (i) research into hazardous waste;
 (ii) the protection of human beings or the environment from the harmful effects of hazardous waste;
 (iii) research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;
 (iv) the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste.
 (3) An organisation or association (whether incorporated or not) is taken to be a person aggrieved by the decision if:
 (a) the organisation or association is incorporated, or was otherwise established, in Australia; and
 (b) at any time during the 2‑year period ending immediately before the decision was made, the organisation or association has engaged in a series of activities relating to any of the following:
 (i) research into hazardous waste;
 (ii) the protection of human beings or the environment from the harmful effects of hazardous waste;
 (iii) research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;
 (iv) the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste; and
 (c) the objects or purposes of the organisation or association included any of the following:
 (i) research into hazardous waste;
 (ii) the protection of human beings or the environment from the harmful effects of hazardous waste;
 (iii) research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;
 (iv) the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste.
 (4) Subsection (3) does not apply in relation to a decision made before the objects or purposes of the organisation or association included the matter concerned.
 (5) Subparagraphs (2)(b)(i), (ii), (iii) and (iv) and (3)(b)(i), (ii), (iii) and (iv) do not apply to activities unless:
 (a) the activities are carried on in Australia; or
 (b) the activities relate to