Commonwealth Numbered Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 60

Emergency suspension of effect of bilateral agreement
(1)
This section applies if the Minister is satisfied that:

(a)
the State or Territory that is party to a bilateral agreement is not complying with it, or will not comply with it; and

(b)
as a result of the non-compliance, a significant impact is occurring or imminent on any matter protected by a provision of Part 3 that is relevant to an action in a class of actions to which the agreement relates.

(2)
The Minister may suspend the effect of the agreement or specified provisions of the agreement for the purposes of this Act or specified provisions of this Act, by notice:

(a)
given to the appropriate Minister of the State or Territory; and

(b)
published in accordance with the regulations.

(3)
The suspension continues for the shorter of the following periods:

(a)
3 months;

(b)
the period that is specified in the notice (either by reference to time or by reference to the occurrence of an event).

(4)
Subsection (3) has effect subject to section 62.

(5)
As soon as practicable after the Minister (the Environment Minister ) gives the appropriate Minister of the State or Territory (the State or Territory Minister ) notice of the suspension, the Environment Minister must consult the State or Territory Minister about the non-compliance.

(6)
To avoid doubt, this section has effect despite sections 58 and 59.


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