58AExtended standing of individuals and organisations to seek judicial review

#### 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 the effects of hazardous waste of Australian origin on human beings, or the environment, outside Australia. (6) For the purposes of this section, in interpreting the expression hazardous waste, the effect of sections 4A, 4F and 4G is to be ignored. (7) A reference in this section to a decision under this Act includes a reference to: (a) conduct for the purpose of making a decision under this Act; or (b) a failure to make a decision under this Act. (8) To avoid doubt, this section is intended to extend, but not limit, the meaning of the expression person aggrieved by a decision.