Document ID: chunk:federal_register_of_legislation:C2024C00748:section:19:p1
Version: federal_register_of_legislation:C2024C00748
Segment Type: section
Provision Reference: s 19 (pt 1/3)
Character Range: 38648–41351

19  Grant of permit
 (1) Subject to this section, the Minister may, in his or her discretion, grant, or refuse to grant, a permit to a person who has made an application in accordance with section 18.
 (2) The Minister must either grant or refuse to grant the permit within 90 days after the application is made.
 (3) However, if Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of the permit, the Minister must grant or refuse to grant the permit within whichever of the following periods ends later (or either of them if they end at the same time):
 (a) 30 days after the day on which the Minister receives advice given under section 163 of that Act;
 (b) 90 days after the application is made.
Note: Under Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, certain persons must get advice from the Minister administering that Subdivision before authorising an action. Under section 163 of that Act, that Minister must give advice within 30 days after receiving a report of an environmental assessment of the action.
 (4) Despite Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, that Subdivision does not apply in relation to the granting of a permit described in subsection (7) if the Minister is of the opinion described in that subsection.
 (5) Subject to subsection (7), a permit for dumping or loading for dumping:
 (a) may only be granted for controlled material that is within Annex 1 to the Protocol; and
 (b) may only be granted in accordance with Annex 2 to the Protocol.
 (6) Subject to subsection (7), a permit cannot be granted for incineration at sea or loading for incineration at sea.
 (7) The Minister may grant a permit for dumping, incineration at sea or loading for dumping or incineration at sea, of any controlled material if, in the Minister's opinion, there is an emergency that:
 (a) poses an unacceptable risk to human health, safety, or the marine environment; and
 (b) admits of no other feasible solution.
 (7A) For the purposes of subsection (7), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.
 (7B) The Minister may grant a permit for the export of controlled material from Australia to another country for dumping if the Minister is satisfied:
 (a) that the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub‑seabed geological formation; and
 (b) of the matters referred to in paragraphs