QLDIn ForceAct
Nature Conservation Act 1992
sec.173OExtended standing for judicial review
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### sec.173O Extended standing for judicial review
This section applies, for the Judicial Review Act 1991 , to any of the following—
a decision made under this Act;
a failure to make a decision under this Act;
conduct engaged in for the purpose of making a decision under this Act.
An individual is taken to be a person aggrieved by a decision, failure or conduct mentioned in subsection (1) if—
the individual is—
an Australian citizen; or
ordinarily resident in Australia; and
at any time in the 2 years immediately before the decision, failure or conduct, the individual engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment.
A corporation or association, whether or not incorporated, and a person acting for an unincorporated association, is taken to be a person aggrieved by a decision, failure or conduct mentioned in subsection (1) if—
the corporation or association is incorporated, or was otherwise established, in Australia; and
at any time in the 2 years immediately before the decision, failure or conduct, the corporation or association engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment; and
at the time of the decision, failure or conduct, the objects or purposes of the corporation or association include protection or conservation of, or research into, the environment.
A term used in this section that is defined in the Judicial Review Act 1991 has the meaning given to it by that Act.
s 173O ins 2003 No. 96 s 23
(sec.173O-ssec.1) This section applies, for the Judicial Review Act 1991 , to any of the following— a decision made under this Act; a failure to make a decision under this Act; conduct engaged in for the purpose of making a decision under this Act.
(sec.173O-ssec.2) An individual is taken to be a person aggrieved by a decision, failure or conduct mentioned in subsection (1) if— the individual is— an Australian citizen; or ordinarily resident in Australia; and at any time in the 2 years immediately before the decision, failure or conduct, the individual engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment.
(sec.173O-ssec.3) A corporation or association, whether or not incorporated, and a person acting for an unincorporated association, is taken to be a person aggrieved by a decision, failure or conduct mentioned in subsection (1) if— the corporation or association is incorporated, or was otherwise established, in Australia; and at any time in the 2 years immediately before the decision, failure or conduct, the corporation or association engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment; and at the time of the decision, failure or conduct, the objects or purposes of the corporation or association include protection or conservation of, or research into, the environment.
(sec.173O-ssec.4) A term used in this section that is defined in the Judicial Review Act 1991 has the meaning given to it by that Act.
- (a) a decision made under this Act;
- (b) a failure to make a decision under this Act;
- (c) conduct engaged in for the purpose of making a decision under this Act.
- (a) the individual is— (i) an Australian citizen; or (ii) ordinarily resident in Australia; and
- (i) an Australian citizen; or
- (ii) ordinarily resident in Australia; and
- (b) at any time in the 2 years immediately before the decision, failure or conduct, the individual engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment.
- (i) an Australian citizen; or
- (ii) ordinarily resident in Australia; and
- (a) the corporation or association is incorporated, or was otherwise established, in Australia; and
- (b) at any time in the 2 years immediately before the decision, failure or conduct, the corporation or association engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment; and
- (c) at the time of the decision, failure or conduct, the objects or purposes of the corporation or association include protection or conservation of, or research into, the environment.