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Environment Protection and Biodiversity Conservation Amendment Bill 2013

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7375

2010-2011-2012-2013

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Environment Protection and Biodiversity Conservation Amendment Bill 2013

 

 

(1)     Schedule  1 , page 8 (after line 4) , after item 6, insert:

6A  After section 131AB

Insert:

131AC  Minister must be satisfied that owners and occupiers of land have consented etc.

             (1)  This section applies to the taking of an action if a provision of Subdivision FB of Division 1 of Part 3 is a controlling provision for the action.

             (2)  The Minister must not approve, for the purposes of the controlling provision, the taking of the action, unless the Minister is satisfied that any owner, and any occupier, of land that would be likely to be affected by the taking of the action:

                     (a)  has obtained independent legal advice; and

                     (b)  has obtained independent advice in relation to the likely impacts of the taking of the action; and

                     (c)  has freely given informed consent in relation to the taking of the action.

[free and informed consent etc. of owners and occupiers of land]