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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 309

Publication of conservation agreements
(1)
As soon as practicable after a conservation agreement has been entered into or varied, other than by an order under subsection 308(4), the Minister must:

(a)
take reasonable steps to ensure that copies of the agreement or variation are available for purchase, for a reasonable price, at a prescribed place in each State and self-governing Territory; and

(b)
cause a notice of the agreement or variation to be published:

(i)
in the Gazette ; and
(ii)
in any other way required by the regulations.
(2)
The notice must:

(a)
state that the agreement or variation has been entered into or made; and

(b)
specify the places where copies of the agreement or variation may be purchased.

(3)
Subsection (1) does not apply in relation to a conservation agreement, or a variation of such an agreement, or any part of such an agreement or variation, if the Minister is satisfied that disclosure of the agreement or variation, or the part of the agreement or variation, as the case may be, would result in harm being done to components of biodiversity.

(4)
Subsection (1) does not apply in relation to a conservation agreement, or a variation of such an agreement, or any part of such an agreement or variation, if the Minister is satisfied that disclosure of the agreement or variation, or the part of the agreement or variation, as the case may be, would disclose matters that the Minister is satisfied are commercial-in-confidence.

(5)
The Minister must not be satisfied that matter is commercial-in-confidence unless a person demonstrates to the Minister that:

(a)
release of information under subsection (1) about the matter would cause competitive detriment to the person; and

(b)
the information is not in the public domain; and

(c)
the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and

(d)
the information is not readily discoverable.


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