19Grant of permit

#### 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 4.1, 4.2 and 4.3 of Annex 1 to the Protocol; and (c) that there is an agreement or arrangement in force between Australia and the other country that includes the matters covered by paragraphs 2.1 and 2.2 (as appropriate) in the Annex to Resolution LP.3(4) adopted on 30 October 2009 by the Contracting Parties to the Protocol; and (d) that the grant of the permit would be in accordance with Annex 2 to the Protocol; and (e) of any other matters the Minister considers relevant. (8) A permit cannot be granted for an artificial reef placement of seriously harmful material. (8A) In considering the granting of a permit, the Minister must have regard to the following (so far as they are relevant): (a) the Protocol; (b) the Torres Strait Treaty; (c) the Antarctic Treaty; (d) any other treaty or convention to which Australia is a party and that relates to dumping at sea or to Antarctica or Antarctic resources. (9) Before granting a permit for dumping or artificial reef placement, the Minister may require the applicant to enter into an agreement with the Commonwealth that includes provisions of any, or all, of the following kinds: (a) in the case of a permit for dumping or artificial reef placement—a provision that the applicant will, at his or her own expense, undertake such research and monitoring as is specified in the agreement, being research and monitoring relating to the consequences of the release into the marine environment through the proposed dumping operation or artificial reef placement of any contaminants; (b) in the case of a permit for dumping—a provision that the applicant will investigate, as specified in the agreement, the possibility of avoiding or reducing the need for further dumping by him or her; (c) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in undertaking research, monitoring or investigation of a kind referred to in a preceding paragraph; (d) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in supervising any research, monitoring or investigation undertaken by the applicant in accordance with the agreement; (e) a provision that, if the applicant fails, or neglects, to carry out any research, monitoring or investigation as required by the agreement: (i) the Commonwealth may undertake the necessary research, monitoring or investigation, as the case may be; and (ii) in that event, the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of the expense incurred by the Commonwealth in connection with such undertaking; (f) a provision that the applicant is to give a security to the Commonwealth for the payment of any amount that he or she may become liable to pay to the Commonwealth under the agreement; (g) a provision that the applicant will report to the Minister the results of any research, monitoring or investigation undertaken by him or her in accordance with the agreement.