ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 82 What are the relevant impacts of an action?

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 82

If the Minister has decided the action is a controlled action

  (1)   If the Minister has decided under Division   2 of Part   7 that an action is a controlled action, the relevant impacts of the action are the impacts that the action:

  (a)   has or will have; or

  (b)   is likely to have;

on the matter protected by each provision of Part   3 that the Minister has decided under that Division   is a controlling provision for the action.

If the Minister has not decided whether the action is controlled

  (2)   If an action is a controlled action or would be apart from Division   1, 2, 3 or 3A of Part   4 (which provide that approval under Part   9 is not needed for an action covered by a bilateral agreement or declaration)--the relevant impacts of the action are impacts that the action:

  (a)   has or will have; or

  (b)   is likely to have;

on the matter protected by each provision of Part   3 that is a controlling provision for the action or would be apart from whichever of those Divisions is relevant.

Relationship between subsections   (1) and (2)

  (3)   Subsection   (1) has effect despite subsection   (2).

  (4)   For the purposes of subsections   (1) and (2), if subsection   15B(3), 15C(5), 15C(6), 23(1), 24A(1), 24D(3), 24E(3), 26(1) or 27A(1) is, or would be, a controlling provision for the action, then the impacts of the action on the matter protected by that provision are only those impacts that the part of the action that is taken in or on a Commonwealth area, a Territory, a Commonwealth marine area or Commonwealth land:

  (a)   has or will have; or

  (b)   is likely to have;

on the matter.

  (5)   For the purposes of subsections   (1) and (2), if subsection   24B(1) or 24C(1) or (3) is or would be a controlling provision for the action, then the impacts of the action on the matter protected by that provision are only those impacts that the part of the action that is taken in the Great Barrier Reef Marine Park:

  (a)   has or will have; or

  (b)   is likely to have;

on the matter.