Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 158A

  (1)   In this section:

"approval process decision" means any of the following decisions:

  (a)   a decision under section   75 whether an action is a controlled action;

  (b)   a decision under section   75 whether a provision of Part   3 is a controlling provision for an action;

  (c)   a decision under section   78 in relation to a decision referred to in paragraph   (a) or (b) of this definition;

  (d)   a decision under section   87 on the approach for the assessment of the impacts of an action;

  (e)   a decision under section   133 whether to approve an action;

  (f)   a decision under section   134 to attach conditions to an approval of an action;

  (g)   a decision under section   143 to revoke, vary or add to conditions attached to an approval of an action;

  (h)   any other decision made under a provision of this Chapter   that is specified in the regulations.

"listing event" means any of the following events:

  (a)   a property becoming a declared World Heritage property;

  (b)   a change in the world heritage values of a declared World Heritage property;

  (c)   a place becoming a National Heritage place;

  (d)   a change in the National Heritage values included in the National Heritage List for a National Heritage place;

  (e)   a place becoming a Commonwealth Heritage place;

  (f)   a change in the Commonwealth Heritage values included in the Commonwealth Heritage List for a Commonwealth Heritage place;

  (g)   a wetland becoming a declared Ramsar wetland;

  (h)   a change in the boundaries of any of the following:

  (i)   a World Heritage property;

  (ii)   a National Heritage place;

  (iii)   a Commonwealth Heritage place;

  (iv)   a declared Ramsar wetland;

  (v)   the Great Barrier Reef Marine Park;

  (i)   a species becoming a listed threatened species;

  (j)   an ecological community becoming a listed threatened ecological community;

  (k)   a listed threatened species or a listed threatened ecological community becoming listed in another category representing a higher degree of endangerment;

  (l)   a species becoming a listed migratory species;

  (m)   any other event of a kind specified in the regulations.

  (2)   This section applies if:

  (a)   the Minister has, before or after the commencement of this section, decided under section   75 (the primary decision ) whether an action (the relevant action ) is a controlled action (whether the decision is that the action is a controlled action, or that the action is not a controlled action); and

  (b)   at a time that is after the commencement of this section and after the primary decision was made, a listing event occurs.

  (3)   The validity of the primary decision, or any other approval process decision made in relation to the relevant action before the listing event occurred, is not affected by the listing event, nor can it be revoked, varied, suspended, challenged, reviewed, set aside or called in question because of, or for reasons relating to, the listing event.

  (4)   After the listing event occurs, the listing event is to be disregarded:

  (a)   in making any further approval process decision in relation to the relevant action; and

  (b)   in doing anything under this Chapter, in relation to the relevant action, because of the making of an approval process decision in relation to the relevant action (whether that approval process decision is or was made before or after the listing event occurred).

  (5)   This section has effect despite any other provision of this Act and despite any other law.