ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 43A Actions with prior authorisation

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 43A

  (1)   A person may take an action described in a provision of Part   3 without an approval under Part   9 for the purposes of the provision if:

  (a)   the action consists of a use of land, sea or seabed; and

  (b)   before the commencement of this Act, the action was authorised by a specific environmental authorisation; and

  (c)   immediately before the commencement of this Act, no further specific environmental authorisation was necessary to allow the action to be taken lawfully; and

  (d)   at the time the action is taken, the specific environmental authorisation continues to be in force.

  (1A)   For the purposes of paragraphs   (1)(c) and (d), a renewal or extension of a specific environmental authorisation is taken to be a new specific environmental authorisation unless:

  (a)   the action that is authorised by the authorisation following the renewal or extension is the same as the action that was authorised by the authorisation before the commencement of this Act; and

  (b)   the renewal or extension could properly be made or given without any further consideration of the environmental impacts of the action.

Note:   If a renewal or extension of a specific environmental authorisation is taken to be a new specific environmental authorisation, the condition in paragraph   (1)(c) or (d) would not be met.

  (2)   In this Act:

"environmental authorisation" means an authorisation under a law of the Commonwealth, a State or a self - governing Territory that has either or both of the following objects (whether express or implied):

  (a)   to protect the environment;

  (b)   to promote the conservation and ecologically sustainable use of natural resources.

"specific environmental authorisation" means an environmental authorisation that:

  (a)   identifies the particular action by reference to acts and matters uniquely associated with that action; or

  (b)   was issued or granted following a consideration of the particular action by reference to acts and matters uniquely associated with that action.