there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

establishing or significantly modifying a nuclear installation;

transporting spent nuclear fuel or radioactive waste products arising from reprocessing;

establishing or significantly modifying a facility for storing radioactive waste products arising from reprocessing;

uranium mining or milling, other than in circumstances involving only trace amounts of uranium;

mining, processing, stockpiling or disposing of naturally occurring radioactive materials, if the action exceeds the activity level prescribed by the regulations for the circumstances in which the action is taken;

establishing or significantly modifying a large-scale disposal facility for radioactive waste;

(g) decommissioning or rehabilitating any facility or area in which an activity described in any of paragraphs (a) to (f) has been undertaken;

establishing, significantly modifying, decommissioning or rehabilitating a facility at which radioactive materials at or above the activity level prescribed by the regulations for the facility have been, are being, or are proposed to be, used or stored;

an action prescribed by the regulations.

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

the action is taken in accordance with the management or authorisation framework.

the action is taken in accordance with the framework.

the action is taken in accordance with the framework.

the framework is wholly or partly set out in, or wholly or partly made under:

a law of the Commonwealth; or

an instrument made under a law of the Commonwealth; and

if subparagraph (a)(i) applies to the framework—the law mentioned in that subparagraph:

is identified in the declaration; and

meets any criteria prescribed by the regulations; and

if subparagraph (a)(ii) applies to the framework—the law and the instrument mentioned in that subparagraph:

are identified in the declaration; and

each meet any criteria prescribed by the regulations; and

the framework meets any criteria prescribed by the regulations; and

the framework is consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph; and

approving an action or class of actions in accordance with the framework will be consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph; and

(g) there has been or will be adequate assessment of the impacts that actions or classes of actions approved in accordance with the framework have or will have or are likely to have on each matter protected by a provision of declared protected matter); andPart 3 to which the declaration relates (a

actions or classes of actions approved or taken in accordance with the framework will not have unacceptable impacts on a declared protected matter; and

the taking of an action or class of actions will only be approved under the framework if the approval would, assuming it were required to pass the net gain test, pass the net gain test in relation to any residual significant impact the action or class of actions has had, will have, or is likely to have, on a declared protected matter; and

the framework provides for appropriate disclosure of the greenhouse gas emissions information for actions taken in accordance with the framework; and

the Minister has considered any other relevant matter.

if subparagraph (3)(a)(i) applies to the framework—the law mentioned in that subparagraph; or

if subparagraph (3)(a)(ii) applies to the framework—the law and the instrument mentioned in that subparagraph.

a declaration made under subsection (1);

an instrument accrediting a management or authorisation framework under subsection (2).

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

a copy of the documents that together comprise the whole of the framework (including any part of the framework that is not set out in, or made under, a law or instrument);

a notice that the Minister proposes to accredit the framework for the purposes of the declaration.

notice of a motion to oppose accreditation of the framework is given in a House of the Parliament within the applicable opposition period; and

within 15 sitting days of the House after the giving of the notice, the House passes a resolution, in pursuance of the motion, opposing accreditation of the framework.

no notice of a motion to oppose accreditation of the framework is given in a House of the Parliament within the applicable opposition period; or

if such a notice is given in a House of the Parliament within the applicable opposition period:

the notice is withdrawn or otherwise disposed of within 15 sitting days of the House after the notice is given; and

the applicable opposition period has ended.

(a) notice of a motion to oppose the accreditation of the framework is given in a House of the Parliament (the opposing House) within the applicable opposition period; and

before the end of 15 sitting days of the opposing House after the notice is given:

the House of Representatives is dissolved or expires; or

the Parliament is prorogued; and

at the time of the dissolution, expiry or prorogation (as the case requires):

the notice has not been withdrawn and the motion has not been called on; or

the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;

seek advice from the CEO in relation to the decision whether to accredit the framework; and

have regard to that advice in making the decision.

a nuclear fuel fabrication plant;

a nuclear power plant;

an enrichment plant;

a reprocessing facility.

as in force at a particular time; or

as is in force or existing from time to time.

the Minister is satisfied that the declaration is not inconsistent with any plan prepared for the management of the property under section 316 or as mentioned in section 321; and

Australia’s obligations under the World Heritage Convention;

the Australian World Heritage management principles;

any plan prepared for the management of the property under section 316 or as mentioned in section 321.

the Minister is satisfied that the declaration is not inconsistent with any plan prepared for the management of the place under section 324S or as mentioned in section 324X; and

the Minister is satisfied that the declaration is not inconsistent with any agreement to which the Commonwealth is party in relation to the National Heritage place; and

the National Heritage management principles;

any plan prepared for the management of the place under section 324S or as mentioned in section 324X;

any agreement to which the Commonwealth is party in relation to the National Heritage place.

the Minister is satisfied that the declaration is not inconsistent with any plan prepared for the management of the wetland as mentioned in section 333; and

Australia’s obligations under the Ramsar Convention;

the Australian Ramsar management principles;

any plan prepared for the management of the wetland as mentioned in section 333.

Australia’s obligations under:

the Biodiversity Convention; or

the Apia Convention; or

CITES;

a threat abatement plan;

a protection statement;

a recovery plan.

the requirement in paragraph (1)(d) for the Minister to not act inconsistently with a recovery plan does not apply to the extent that the recovery plan is for the whole or a relevant part of the species or community; and

the Minister may have regard to any such recovery plan; and

the Minister may have regard to an approved conservation advice for the species or community.

Australia’s obligations under:

the Biodiversity Convention; or

the Apia Convention; or

CITES;

a threat abatement plan;

a protection statement;

a recovery plan.

the requirement in paragraph (4)(d) for the Minister to not act inconsistently with a recovery plan does not apply to the extent that the recovery plan is for the whole or a relevant part of the species or community; and

the Minister may have regard to any such recovery plan; and

the Minister may have regard to an approved conservation advice for the species or community.

the Bonn Convention;

CAMBA;

JAMBA;

an international agreement approved under subsection 209(4).

suspend the declaration for the purposes of this Act, or specified provisions of Part 3 of this Act, either generally or in relation to actions of a specified class, for the specified period; or

vary the declaration so that the declaration no longer has effect for the purposes of this Act, or specified provisions of Part 3 of this Act, either generally or in relation to actions of a specified class; or

revoke the declaration.

has not complied with the framework; or

has not given effect to the framework in a way that:

accords with the objects of this Act and the objects of this Part; and

promotes the discharge of Australia’s obligations under any agreement with one or more other countries relevant to a matter covered by the declaration; or

has given effect to the framework in a way that is inconsistent with any national environmental standard prescribed by the regulations for the purposes of paragraph 33(3)(e) or (f); or

has given effect to the framework in a way that has resulted or will result in an unacceptable impact on a matter protected by a provision of Part 3 specified in the declaration; or

has given effect to the framework in a way that has resulted or is likely to result in approvals of actions or classes of actions that, assuming the approvals were required to pass the net gain test, would not pass the net gain test in relation to any residual significant impact the action or class of actions has had, will have or is likely to have on a matter protected by a provision of Part 3 specified in the declaration.

on a specified day; or

on the occurrence of a specified event.

a copy of the instrument of suspension, variation or revocation; and

a written statement of the reasons for the suspension, variation or revocation.

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

a declaration made under section 33 is suspended, varied or revoked; and

before the suspension, variation or revocation, an action was being taken that could be taken without approval under Part 9 for the purposes of a provision of Part 3 because the declaration was in force in relation to the class of actions to which the action belongs; and

as a result of the suspension, variation or revocation, the action can no longer be taken without approval under Part 9 for the purposes of the provision of Part 3; and

the action had not been completed before the suspension, variation or revocation;

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

a management or authorisation framework has been accredited for the purposes of a declaration under section 33; and

the framework is amended, or is proposed to be amended; and

the Minister is satisfied the amendments will not have a significant effect on the operation of the framework; and

the Minister is satisfied that the requirements of the following provisions are met, or will be met, in relation to the framework as amended:

paragraphs 33(3)(d) to (j);

section 33C;

section 34A;

subsection 34B(2), 34BA(2), 34C(2), 34D(4), 34E(2) or 34F(2) (as the case requires);

the framework as amended is taken to be accredited for the purposes of the declaration; and

subsections 33(3) and (4), and section 33A, do not apply in relation to the amendments to the framework, or the management arrangement or authorisation process as amended; and

actions taken after the determination is made in accordance with the framework as amended do not require approval under Part 9 for the purposes of a specified provision of Part 3.

the person proposing to take the action;

the body administering the management or authorisation framework to which the declaration relates.

within 3 years of the declaration taking effect; and

within 5 years of the day a report of the previous review was given to the Minister under subsection (2).

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

(a) whether the conditions mentioned in paragraphs 33(3)(d) to (j) continue to be met in relation to any management or authorisation framework accredited for the purposes of the declaration;

(b) whether the administration of any such framework is consistent with the framework as accredited;

whether the administration of any such framework accords with the objects of the Act;

if a matter protected by a provision of Part 3 covered by any such framework is relevant to Australia’s obligations under an international agreement—whether the administration of the framework is not inconsistent with those obligations;

any other matter prescribed by the regulations.

the action has been approved in accordance with a NOPSEMA management or authorisation framework; and

the action is taken in accordance with the framework; and

a declaration under section 36H specifying the framework and a class of actions to which the action belongs was in operation at the time of the approval.

(a) the Offshore Petroleum and Greenhouse Gas Storage Act 2006;

(b) regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that are prescribed by the regulations for the purposes of this paragraph.

the framework is not inconsistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph;

approving an action in accordance with the framework will not be inconsistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph;

actions approved in accordance with the framework will not have unacceptable impacts on matters protected by provisions of Part 3 to which the declaration relates;

actions approved in accordance with the framework will not have or be likely to have a residual significant impact on a matter protected by a provision of Part 3 to which the declaration relates;

the framework requires decision makers to not act inconsistently with any of the following in deciding whether to approve an action:

Australia’s obligations under a designated international agreement;

any protection statement the decision maker considers relevant;

any recovery plan the decision maker considers relevant;

any threat abatement plan the decision maker considers relevant;

a designated environmental instrument;

the framework requires decision makers to have regard to the following in deciding whether to approve an action:

any bioregional plan, or bioregional guidance plan, the decision maker considers relevant;

any approved conservation advice the decision maker considers relevant;

the framework includes objects that are consistent with the principles of ecologically sustainable development.

(a) give a copy of the declaration to NOPSEMA and to the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and

publish a copy of the declaration on the Department’s website.

as in force at a particular time; or

as is in force or existing from time to time.

(a) give written notice of the suspension to NOPSEMA and to the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and

publish a copy of the notice on the Department’s website.

the reasons for the suspension; and

the things that must be done for the suspension to end.

on the day that is 30 days after the notice is published under paragraph (2)(b); or

if a later day is specified in the notice—on the later day.

(a) give a copy of the instrument to NOPSEMA and to the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as soon as practicable after revoking the suspension; and

publish a copy of the instrument on the Department’s website.

(a) give written notice of the revocation to NOPSEMA and to the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and

publish a copy of the notice on the Department’s website.

the action is taken in a development zone specified in a bioregional plan that is in force; and

the action is a priority action in a priority class of actions specified for the development zone; and

the matter protected by the provision is an impacted protected matter for the priority action; and

the action is a registered priority action in relation to the person; and

the action is taken in accordance with any conditions that:

are attached by the bioregional plan to the taking of the priority action; and

relate to the impacted protected matter; and

apply to the taking of the priority action by the person.

is undertaken in accordance with an RFA; and

is completed prior to the sunset day.”.

the planting of trees;

the managing of trees before they are harvested;

the harvesting of forest products;

the action consists of, or involves, clearing vegetation from land; and

the land is within 50 metres of any of the following in a catchment area of the Great Barrier Reef Marine Park:

(i) a watercourse (within the meaning of the Water Act 2007);

a wetland;

a drainage line.

the action consists of, or involves, clearing vegetation from land; and

at the time the action is taken, the land has not been cleared of vegetation for a period of at least 15 years; and

the action is not a forestry operation.

is titled Great Barrier Reef catchment and river basins; and

has a dataset scale of 1:100,000; and

specifies the boundaries of all river basins draining to the Great Barrier Reef; and

is dated 5 May 2018; and

is held by the government of Queensland.

the planting of trees;

the managing of trees before they are harvested;

the harvesting of forest products;

at the time the agreement is entered into, there is in force a bilateral agreement with that State or Territory that includes a declaration under section 47; or

the agreement replaces a bilateral agreement that was in force immediately before the entry into the agreement and that included a declaration under section 46 or 47; or

the class of actions specified in the declaration is a class of RFA forestry operations.

the framework is wholly or partly set out in, or wholly or partly made under:

a law of the State or Territory; or

an instrument made under a law of the State or Territory; and

if subparagraph (a)(i) applies to the framework—the law mentioned in that subparagraph:

is identified in the declaration; and

meets any criteria prescribed by the regulations; and

if subparagraph (a)(ii) applies to the framework—the law and the instrument mentioned in that subparagraph:

are identified in the declaration; and

each meet any criteria prescribed by the regulations; and

the framework meets any criteria prescribed by the regulations; and

the framework is consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph; and

approving an action or class of actions in accordance with the framework will be consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph; and

(g) there has been or will be adequate assessment of the impacts that actions or classes of actions approved in accordance with the framework have, will have, or are likely to have, on each matter protected by a provision of declared protected matter); andPart 3 in relation to which the agreement makes a declaration under subsection (1) (a

actions or classes of actions approved or taken in accordance with the framework will not have unacceptable impacts on a declared protected matter; and

the taking of an action or class of actions will only be approved under the framework if the approval would, assuming it were required to pass the net gain test, pass the net gain test in relation to any residual significant impact the action or class of actions has had, will have, or is likely to have, on a declared protected matter; and

the framework provides for appropriate disclosure of the greenhouse gas emissions information for actions taken in accordance with the framework; and

the bilateral agreement requires the State or Territory:

to act in accordance with the framework; and

not to approve the taking of actions, or classes of actions, that would be inconsistent with the framework; and

the Minister has considered any other relevant matter.

if subparagraph (3)(a)(i) applies to the framework—the law mentioned in that subparagraph; or

if subparagraph (3)(a)(ii) applies to the framework—the law and the instrument mentioned in that subparagraph.

by a person for the purposes of trade between Australia and another country or between 2 States; or

by a constitutional corporation;

a declaration made under subsection (1);

an instrument accrediting a management or authorisation framework under subsection (2).

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

a copy of the documents that together comprise the whole of the framework (including any part of the framework that is not set out in, or made under, a law or instrument);

a notice that the Minister proposes to accredit the framework for the purposes of the agreement.

notice of a motion to oppose accreditation of the framework is given in a House of the Parliament within the applicable opposition period; and

within 15 sitting days of the House after the giving of the notice, the House passes a resolution, in pursuance of the motion, opposing accreditation of the framework.

no notice of a motion to oppose accreditation of the framework is given in a House of the Parliament within the applicable opposition period; or

if such a notice is given in a House of the Parliament within the applicable opposition period:

the notice is withdrawn or otherwise disposed of within 15 sitting days of the House after the notice is given; and

the applicable opposition period has ended.

(a) notice of a motion to oppose the accreditation of the framework is given in a House of the Parliament (the opposing House) within the applicable opposition period; and

before the end of 15 sitting days of the opposing House after the notice is given:

the House of Representatives is dissolved or expires; or

the Parliament is prorogued; and

at the time of the dissolution, expiry or prorogation (as the case requires):

the notice has not been withdrawn and the motion has not been called on; or

the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;

seek advice from the CEO in relation to the decision whether to accredit the framework; and

have regard to that advice in making the decision.

the bilateral agreement includes a declaration under subsection 46(1); and

the class of actions specified in the declaration is a class of RFA forestry operations.

a bilateral agreement includes the declaration described in subsection 46(1) in relation to a management or authorisation framework that is accredited for the purposes of the agreement; and

the agreement is in force.

must include the CEO’s opinion about whether the conditions in paragraphs 46(3)(a) to (k) continue to be met in relation to the framework as amended; and

may include recommendations in relation to the agreement.

whether to vary the agreement or suspend or cancel the effect of the agreement, either generally or in relation to actions in a specified class or in relation to a specified provision of Part 3;

whether to make a determination under subsection 56B(2) in relation to the framework as amended.

a nuclear fuel fabrication plant;

a nuclear power plant;

an enrichment plant;

a reprocessing facility.

will include assessment of the impacts the action has or will have, or is likely to have, on each matter protected by a provision of Part 3; and

will be consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph.

a bilateral agreement includes the declaration described in subsection 47(1) in relation to actions in a class of actions by reference to a specified manner in which the actions are assessed; and

the agreement is in force.

must include the CEO’s opinion about whether the conditions in paragraphs 47(2)(a) and (b) continue to be met in relation to the manner of assessing actions as amended; and

may include recommendations in relation to the agreement.

whether to vary the agreement or suspend or cancel the effect of the agreement, either generally or in relation to actions in a specified class or in relation to a specified provision of Part 3;

whether to make a determination under subsection 56C(2) in relation to the manner of assessing actions as amended.

as in force at a particular time; or

as is in force or existing from time to time.

actions taken in the State or Territory by a constitutional corporation;

actions taken in the State or Territory by a person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories;

actions that are taken in the State or Territory and are actions whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries;

actions taken in the Territory (if applicable).

actions taken in the State or Territory by a constitutional corporation;

actions taken in the State or Territory by a person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories;

actions that are taken in the State or Territory and are actions whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries;

actions taken in the Territory (if applicable).

the Minister is satisfied that the provision is not inconsistent with any plan prepared for the management of the property under section 316 or as mentioned in section 321; and

Australia’s obligations under the World Heritage Convention;

the Australian World Heritage management principles;

any plan prepared for the management of the property under section 316 or as mentioned in section 321.

the Minister is satisfied that the agreement is not inconsistent with any plan prepared for the management of the place under section 324S or as mentioned in section 324X; and

the Minister is satisfied that the agreement is not inconsistent with any agreement to which the Commonwealth is party in relation to the National Heritage place; and

the National Heritage management principles;

any plan prepared for the management of the place under section 324S or as mentioned in section 324X;

any agreement to which the Commonwealth is party in relation to the National Heritage place.

the Minister is satisfied that the agreement is not inconsistent with any plan prepared for the management of the wetland as mentioned in section 333; and

Australia’s obligations under the Ramsar Convention;

the Australian Ramsar management principles;

any plan prepared for the management of the wetland as mentioned in section 333.

Australia’s obligations under:

the Biodiversity Convention; or

the Apia Convention; or

CITES;

a threat abatement plan;

a protection statement;

a recovery plan.

the requirement in paragraph (1)(d) for the Minister to not act inconsistently with a recovery plan does not apply to the extent that the recovery plan is for the whole or a relevant part of the species or community; and

the Minister may have regard to any such recovery plan; and

the Minister may have regard to an approved conservation advice for the species or community.

Australia’s obligations under:

the Biodiversity Convention; or

the Apia Convention; or

CITES;

a threat abatement plan;

a protection statement;

a recovery plan.

the requirement in paragraph (4)(d) for the Minister to not act inconsistently with a recovery plan does not apply to the extent that the recovery plan is for the whole or a relevant part of the species or community; and

the Minister may have regard to any such recovery plan; and

the Minister may have regard to an approved conservation advice for the species or community.

the Bonn Convention;

CAMBA;

JAMBA;

an international agreement approved under subsection 209(4).

the amendment will not or is not likely to:

have a significant effect on the operation of the framework; or

result in a material adverse impact on a matter protected by a provision of Part 3 specified in relation to which the agreement makes a declaration; or

have a material adverse effect on a person’s ability to participate in the process provided for by the framework; and

the following provisions would continue to be satisfied in respect of the framework:

paragraphs 46(3)(d) to (k) and subsection 46(5);

section 46C ;

subsections 51(2), 51A(2), 52(2), 53(4) and 54(2);

section 55;

section 56.

the amendment will not or is not likely to:

have a significant effect on the operation of the manner of assessment; or

have a material adverse impact on the assessment of the impacts actions have, will have or are likely to have on a matter protected by a provision of Part 3 in relation to which the agreement makes a declaration; or

have a material adverse effect on a person’s ability to participate in the process for assessment; and

the following provisions would continue to be satisfied in respect of the amended manner of assessment:

subsections 47(2), 51A(1), 52(1), 53(1) and 54(1);

sections 50, 55 and 56.

has not complied with the agreement; or

has not given effect to the agreement in a way that:

accords with the objects of this Act and the objects of this Part; and

promotes the discharge of Australia’s obligations under any agreement with one or more other countries relevant to a matter covered by the agreement; or

for an agreement that includes the declaration mentioned in subsection 46(1)—has given effect to the agreement in a way that is inconsistent with any national environmental standard prescribed by the regulations for the purposes of paragraph 46(3)(e) or (f); or

for an agreement that includes the declaration mentioned in subsection 47(1)—has given effect to the agreement in a way that is inconsistent with any national environmental standard prescribed by the regulations for the purposes of paragraph 47(2)(b); or

for an agreement that includes the declaration mentioned in subsection 46(1)—has given effect to the agreement in a way that has resulted or will result in an unacceptable impact on a matter protected by a provision of Part 3 specified in the agreement; or

for an agreement that includes the declaration mentioned in subsection 46(1)—has given effect to the agreement in a way that has resulted or is likely to result in approvals of actions or classes of actions that, assuming the approvals were required to pass the net gain test, would not pass the net gain test in relation to any residual significant impact the action or class of actions has had, will have, or is likely to have, on a matter protected by a provision of Part 3 specified in the agreement.

has given the appropriate Minister of a State or Territory a notice under section 59 or 60 to suspend or cancel the effect of a bilateral agreement that the State or Territory is party to; and

either:

for a notice given under the Minister was not satisfied that a situation mentioned in subsection 58(2) did not exist and would not arise—is later satisfied that the situation does not exist and will not arise; orsection 59 because

for a notice given under section 60—is later satisfied that the State or Territory will comply with the agreement and give effect to it in a way that accords with the objects of this Act and the objects of this Part, and promotes the discharge of Australia’s obligations under all international agreements (if any) relevant to a matter covered by the agreement.

must include provisions that authorise the Minister to determine, in writing, that a specified action in the class of actions that a person proposes to take is excluded from the agreement; and

may include provisions that authorise the Minister of the State or Territory concerned to make such a determination.

the person proposing to take the action;

unless the determination was made by a Minister of the State or Territory concerned—the appropriate Minister of the State or Territory concerned.

within 3 years of the bilateral agreement commencing; and

within 5 years of the day a report of the previous review was given to the Minister under subsection (3).

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

if the bilateral agreement includes a declaration under subsection 46(1):

(i) whether the conditions in paragraphs 46(3)(d) to (j) continue to be met in relation to any management or authorisation framework accredited for the purposes of the agreement; and

whether the administration of any such management or authorisation framework is consistent with the framework as accredited;

if the bilateral agreement includes a declaration under subsection 47(1):

(i) whether the conditions in paragraphs 47(2)(a) and (b) continue to be met in relation to the manner of assessment specified in the declaration; and

whether the administration of the manner of assessment of actions is consistent with the manner as specified in the declaration;

whether the State or Territory is complying with the bilateral agreement;

whether the State or Territory is giving effect to the bilateral agreement in a way that accords with the objects of the Act;

if a matter protected by a provision of Part 3 covered by the bilateral agreement is relevant to Australia’s obligations under an international agreement—whether the State or Territory is giving effect to the bilateral agreement in a way that is not inconsistent with those obligations;

any other matter prescribed by the regulations.

how to assess the impacts of the action to be able to make an informed decision whether or not to approve the action.

information included in the referral; or

preliminary documentation provided by the proponent; or

a public environment report; or

preliminary documentation provided by the proponent; or

a streamlined assessment; or

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of the relevant provision of Part 3; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

the action is an action to which subsection 74AA(1) does not apply because of subsection 74AA(2), (2A), (2C) or (2D).

the action is specified in a determination made under section 36B; or

the action is specified in a determination made in accordance with a bilateral agreement as mentioned in section 65B.

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

this Chapter continues to apply in relation to the action; and

the action is taken not to be an action to which the alternate pathway applies.

an action is in a class of actions specified in a declaration made under section 33 or 36H not to require approval under Part 9 for the purposes of any of the provisions of Part 3; and

the declaration is in operation in relation to the class of actions; and

the action is not specified in a determination under section 36B(exclusion determination);

an action is in a class of actions specified in a declaration included in a bilateral agreement in accordance with section 46 not to require approval under Part 9 for the purposes of any of the provisions of Part 3, other than sections 24D and 24E; and

the action is not an action mentioned in section 24D or 24E; and

the bilateral agreement is in operation in relation to the declaration and the class of actions; and

the action is not specified in a determination under section 65B (exclusion determination);

an action is taken in a conservation zone specified in a bioregional plan; and

the action is a restricted action for the bioregional plan; and

subsection 177CC(1) applies to the action taken by the person;

an action is taken in a development zone specified in a bioregional plan; and

the action is a priority action that can be taken in the development zone;

any of the following circumstances exist:

a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister by the person under section 68 (other than a proposal that is taken to have been referred because of section 69A);

the person has been notified under subsection 36B(3) or 65B(3) that a proposal to take the action (or a larger action of which the action is a component) is taken to have been referred to the Minister under section 68;

a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister under section 69 or 71 and the person has been informed of the referral under section 73; and

either:

no determination that the action may continue to be taken is in force under section 79E; or

such a determination is in force, but the action has been taken otherwise than in accordance with one or more of the conditions (if any) specified in the determination; and

the action is a minor or preparatory component of a larger action; and

the person has obtained the Minister’s written agreement, in accordance with any regulations prescribed for the purposes of this paragraph, to take the action.

applications to the Minister for agreement to take an action;

matters the Minister is to be satisfied of or have regard to in deciding whether to agree;

notice and publication of the Minister’s decision;

when the Minister’s decision has effect.

a decision that the action is not a controlled action is in operation under section 75; and

if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner.

a determination is in force under section 146P in relation to an action (exclusion determination in relation to approval under section 146B); and

the Minister decides that the action is a controlled action;

a determination is in force under section 177CF in relation to an action (exclusion determination in relation to priority action); and

the Minister decides that the action is a controlled action;

an exemption from the operation of section 177CC in relation to the taking of a restricted action by a person in a conservation zone is in force; and

the exemption was granted on the basis that the Minister was satisfied as mentioned in paragraph 177BV(1)(b)(which deals with the national interest); and

the Minister decides that the restricted action is a controlled action;

whether the action is a controlled action; or

which provisions of Part 3 (if any) are controlling provisions for the action.

a decision under subsection 75(1) that the action is a controlled action;

a decision under subsection 75(1) as to which provisions of Part 3 are controlling provisions for the action.

the request is in writing;

the request sets out which of the matters referred to in paragraphs 78(1)(a) to (b) the request is based on and the basis on which the person thinks the decision should be reconsidered;

for a request made on the basis of the matter referred to in paragraph 78(1)(a)—the Minister is satisfied that the additional requirements in subsection (2A) of this section are met;

for a request made on the basis of the matter referred in paragraph 78(1)(aa)—the Minister is satisfied that the additional requirements in subsection (2B) of this section are met;

for a request made on the basis of the matter referred in paragraph 78(1)(b)—the Minister is satisfied that the request includes information that establishes that the action is not being, or will not be, taken in the manner identified in the first decision.

the request includes substantial new information that demonstrates that the impacts that the action has or will have, or is likely to have, on a matter protected by a provision of Part 3 are, or are likely to be, different from the impacts as assessed for the first decision; and

there is a high degree of certainty associated with the quality and accuracy of the information.

the request includes new information that:

identifies a substantial change in circumstances that was not foreseen at the time of the first decision; and

sets out satisfactory reasons for the circumstances not being foreseen; and

demonstrates that, as a result of the identified substantial change in circumstances, the impacts that the action has or will have, or is likely to have, on a matter protected by a provision of Part 3 are, or are likely to be, different from the impacts as assessed for the first decision; and

there is a high degree of certainty associated with the quality and accuracy of the information.

in making the first decision; or

in deciding whether to revoke and substitute the first decision on request under subsection (1).

a decision is in operation under subsection 75(1) that an action a person proposes to take or is taking is not a controlled action because the Minister believes the action will be taken in the manner identified under subsection 77A(1) in the notice given under section 77; and

the person considers the identified manner is no longer appropriate for the action;

be in writing; and

if the person proposes to take the action in a manner different to the identified manner—set out the manner in which the person proposes to take the action; and

include any other information prescribed by the regulations.

inform any other Minister who the Environment Minister believes has administrative responsibilities relating to the action of the application; and

invite each other Minister informed to give the Environment Minister, within 10 business days, any information the other Minister considers relevant to the reconsideration.

inform the appropriate Minister of the State or Territory of the application; and

invite that Minister to give the Environment Minister, within 10 business days:

any comments the Minister considers relevant to the reconsideration; and

any other information that the Minister of the State or Territory considers relevant to the reconsideration.

the application; and

an invitation for anyone to give the Environment Minister, within 10 business days, comments in writing on any matters relevant to the reconsideration.

revoke the first decision and substitute a new decision under subsection 75(1) for the first decision;

refuse the application.

give the person written notice of the Minister’s decision; and

if the decision is to revoke the first decision and substitute a new decision—publish a copy of the notice on the Department’s website.

any provisions of this Chapter that applied in relation to the action because of the first decision cease to apply in relation to the action; and

any provisions of this Chapter that are relevant because of the new decision apply in relation to the action.

(a) the Minister makes a decision (the first decision) under subsection 75(1) that an action that is the subject of a proposal (the original proposal) referred to the Minister is not a controlled action;

(b) the Minister revokes the first decision under subsection 78(1) or 79C(1) and substitutes the first decision with a decision (the subsequent decision) under subsection 75(1) that:

the action is a controlled action; and

one or more provisions of Part 3 are controlling provisions for the action;

the taking of the action commences before the subsequent decision is made;

the Minister is satisfied, based on information before the Minister at the time of making the determination, that allowing the action to continue in accordance with any conditions specified under subsection (2) would not be inconsistent with Australia’s obligations under a designated international agreement;

protecting from the action any matter protected by a provision of the Minister has decided is a controlling provision for the action; orPart 3 of this Act that

repairing or mitigating damage that may or will be, or has been, caused by the action to any matter protected by a provision of the Minister has decided is a controlling provision for the action.Part 3 that

different conditions for the purposes of subsection (2); or

a later day for the purposes of subsection (4) or (5).

the Minister decides under Part 9 whether to approve the taking of the action;

if the Minister accepts a variation of the original proposal under section 156B—the Minister decides under Part 9 whether to approve the taking of the action that is the subject of the varied proposal;

if subsection 170C(5) applies in relation to the determination—the Minister decides under section 75 that the new action referred to in subsection 170C(5) is not a controlled action;

if subsection 170C(5) applies in relation to the determination—the Minister decides under Part 9 whether to approve the taking of the new action referred to in subsection 170C(5);

if subsection 170C(5) applies in relation to the determination and a variation of the proposal to take the new action is accepted by the Minister under section 156B—the Minister decides under section 75 that the action that is the subject of the varied proposal is not a controlled action;

if subsection 170C(5) applies in relation to the determination and a variation of the proposal to take the new action is accepted by the Minister under section 156B—the Minister decides under Part 9 whether to approve the taking of the action that is the subject of the varied proposal;

the end of the day specified in the determination for the purposes of subsection (4).

the person taking the action; and

the designated proponent of the action (if the designated proponent of the action is not the person taking the action).

be in writing; and

be in the approved form (if any); and

be accompanied by the following:

the information or documents (if any) that the approved form specifies are required;

the information or documents (if any) prescribed by the regulations.

give the person written notice of the Minister’s decision; and

publish a copy of the decision on the Department’s website.

an accredited assessment process;

an assessment on preliminary documentation (see Division 4);

a streamlined assessment (see Division 5A);

an environmental impact statement (see Division 6);

a public inquiry (see Division 7).

either:

a reasonable estimate of the likely amount of scope 1 greenhouse gas emissions of the action; or

if an amount is prescribed by the regulations for the purposes of this subparagraph and a reasonable estimate of the likely amount of scope 1 greenhouse gas emissions of the action is below the amount—a statement that scope 1 greenhouse gas emissions of the action are below the prescribed amount; and

either:

a reasonable estimate of the likely amount of scope 2 greenhouse gas emissions of the action; or

if an amount is prescribed by the regulations for the purposes of this subparagraph and a reasonable estimate of the likely amount of scope 2 greenhouse gas emissions of the action is below the amount—a statement that scope 2 greenhouse gas emissions of the action are below the prescribed amount; and

in relation to emissions for which a reasonable estimate is provided in accordance with subparagraph (a)(i) or (b)(i)—the strategies and measures the designated proponent will implement to manage those emissions; and

how those strategies and measures are consistent with the laws and relevant government policies of the Commonwealth.

generates electricity, heating, cooling or steam that is used or disposed of by the taking of the action; but

does not form part of the action.

the Secretary; or

the CEO.

an accredited assessment process;

an assessment on preliminary documentation;

a streamlined assessment;

an environmental impact statement;

a public inquiry.

assessment on preliminary documentation under Division 4;

assessment by streamlined assessment under Division 5A;

the action is not a fossil fuel action; and

the approach will allow the Minister to make an informed decision whether or not to approve under Part 9, for the purposes of each controlling provision, the taking of the action; and

the greenhouse gas emissions information for the action has been provided.

an alternate pathway applied to the action as mentioned in:

subsection 71A(4) (about declarations made under section 33 or 36H); or

subsection 71A(5) (about bilateral agreements that include a declaration in accordance with section 46); and

an assessment of the relevant impacts of the action had started in accordance with a management or authorisation framework that was:

if the alternate pathway related to a declaration made under section 33—accredited for the purposes of the declaration; or

if the alternate pathway related to a declaration made under section 36H—specified in the declaration; or

if the alternate pathway related to a declaration included in a bilateral agreement in accordance with section 46—accredited for the purposes of the bilateral agreement.

the Minister must consider whether the completed assessment should be used for the purposes of this Part; and

if the Minister is satisfied that it should be—the Minister may determine, in writing, that the completed assessment is an assessment for the purposes of this Part.

the body that carried out the assessment has provided or will provide the Minister with an assessment report; and

the report includes or will include sufficient information to enable the Minister to decide whether to approve the taking of the action for the purposes of each provision of Part 3 that is a controlling provision for the action.

the Minister must consider the extent to which the partly completed assessment should be completed under an approach for assessment set out in this Part and used for the purposes of this Part; and

if the Minister is satisfied that it should be, to any extent—the Minister may determine, in writing, that the partly completed assessment is to be completed using the approach for assessment under this Part that the Minister decides to use; and

if the Minister makes the determination—the determination must specify:

the steps of the partly completed assessment that are to be used for the purposes of the assessment under this Part; and

the remaining steps to be carried out to complete the partly completed assessment as an assessment under this Part.

publish notice of the decision:

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

the first decision is to use an approach specified in an item in column 1 of the table; and

the new decision is to use an approach specified in that item in column 2 of the table.

give written notice of the revocation and the new decision to:

the person proposing to take the action; and

the designated proponent of the action (if the designated proponent is not the person proposing to take the action); and

if the action is to be taken in a State or self-governing Territory and a controlling provision for the action is in Division 1 of Part 3 (which deals with matters of national environmental significance)—the appropriate Minister of the State or Territory; and

publish a copy of the revocation and the new decision:

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

the provisions of this Part that apply in relation to the assessment approach to be used under the first decision cease to apply in relation to the action; and

the provisions of this Part that apply in relation to the assessment approach to be used in the new decision apply instead.

the greenhouse gas emissions information for the action; and

the greenhouse gas emissions information for the action; and

whether the taking of the action should be approved under Part 9 for the purposes of each provision of Part 3 that is a controlling provision for the action; and

if approval is recommended—any conditions that should be attached to the approval.

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

include in the draft environmental impact statement the greenhouse gas emissions information for the action; and

is in accordance with the EIS guidelines; and

includes the greenhouse gas emissions information for the action.

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

if the action is the subject of an assessment report and paragraph (b) does not apply—the period of 30 business days beginning on the first business day after the Minister receives the assessment report;

if the Minister has made a determination under paragraph 87A(2)(b) in relation to the action—the period of 40 business days beginning on the first business day after the Minister receives the assessment report;

if the Minister receives the documents under subsection 95B(1) or the statement under subsection 95B(3), as the case requires;Division 4 of Part 8 (assessment on preliminary documentation) applies to the action—the period of 40 business days beginning on the first business day after

if the Minister decides under section 87 that the relevant impacts of the action must be assessed by streamlined assessment;Division 5A of Part 8 (streamlined assessment) applies—the period of 30 business days beginning on the first business day after the day

if the Minister receives the finalised environmental impact statement;Division 6 (environmental impact statements) of Part 8 applies to the action—the period of 40 business days beginning on the first business day after

a recommendation report given to the Minister under section 95C, 100B or 105; and

is:

(i) an exempt document under Freedom of Information Act 1982 (trade secrets etc.); orsection 47 of the

a conditionally exempt document under section 47G of that Act (business documents) to which access would, on balance, be contrary to the public interest for the purposes of subsection 11A(5) of that Act; or

the Minister believes it is in Australia’s national interest not to provide.

if Division 5A of Part 8 (streamlined assessment) applies to the action:

the referral of the proposal to take the action; and

the information provided in response to any request for further information made under section 76 or 89; and

the greenhouse gas emissions information for the action (if not covered by subparagraph (i) or (ii)); and

the recommendation report given to the Minister under section 100B; or

conditions requiring the holder of the approval to pay a restoration contribution charge in relation to a residual significant impact of the action; and

the taking of the action is a national interest proposal to which the exception in subsection 136B(2) applies; and

the Minister is satisfied that the condition would assist in mitigating or repairing damage as mentioned in paragraph 136B(3)(b).

compensation for damage that may or will be, or has been, caused by a residual significant impact of the action on a matter protected by a provision of Part 3 for which the approval has effect; or

payment of a restoration contribution charge in relation to a residual significant impact of the action on a matter protected by a provision of Part 3 for which the approval has effect;

the action as a whole; and

any other impact the action will have, or is likely to have, on a matter protected by a provision of Part 3; and

any other matter the Minister considers relevant.

makes a protection statement that includes information that payment of a restoration contribution charge should not be available in relation to a residual significant impact that the action has, will have or is likely to have on a listed threatened species or listed threatened community or part of a species or community; or

varies a protection statement to include that information for a species or community or part of a species or community;

must consult with:

the Restoration Contributions Holder and the Restoration Contributions Advisory Committee; and

the Threatened Species Scientific Committee established by section 502

may consult with:

any other committee established under Part 19; or

the Australian Heritage Council; and

must have regard to any advice received as a result of those consultations.

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

if Division 5A of Part 8 (streamlined assessment) applies to the action:

the referral of the proposal to take the action; and

the information provided in response to any request for further information made under section 76 or 89; and

the recommendation report given to the Minister under section 100B; and

the action is a national interest proposal; and

the Minister is satisfied that, so far as the approval of the taking of the action is inconsistent with one or more national environmental standards prescribed by the regulations for the purposes of subsection (1), the inconsistencies are reasonably necessary for the taking of the action to result, or be likely to result, in the intended outcome for the national interest proposal.

the extent to which the inconsistency could be reduced or removed without changing whether the taking of the action would be likely to result in the intended outcome;

the extent to which any conditions to be attached to the approval would reduce or remove the inconsistency.

the action is a national interest proposal; and

the Minister is satisfied that, so far as the taking of the action will have one or more unacceptable impacts on matters protected by provisions of Part 3 that the Minister has decided are controlling provisions for the action, the impacts are reasonably necessary for the taking of the action to result, or be likely to result, in the intended outcome for the national interest proposal.

the extent to which that damage could be reasonably mitigated or repaired without changing whether the taking of the action would be likely to result in the intended outcome;

the extent to which any conditions to be attached to the approval would assist in mitigating or repairing that damage.

the action is a national interest proposal; and

the Minister is satisfied that, so far as the taking of the action will have or be likely to have a residual significant impact on a matter protected by a provision of Part 3 that the Minister has decided is a controlling provision for the action, requiring the approval to pass the net gain test in relation to that impact on that matter would prevent or be likely to prevent the intended outcome for the national interest proposal.

Australia’s obligations under the Ramsar Convention;

the Australian Ramsar management principles;

any plan prepared for the management of the wetland as mentioned in section 333.

Australia’s obligations under:

the Biodiversity Convention; or

the Apia Convention; or

CITES; or

a threat abatement plan;

a protection statement;

a recovery plan.

the requirement in paragraph (2)(d) for the Minister to not act inconsistently with a recovery plan does not apply to the extent that the recovery plan is for the whole or a relevant part of the species or community; and

the Minister may have regard to any such recovery plan; and

the Minister may have regard to an approved conservation advice for the species or community.

will be consistent with a national environmental standard prescribed by the regulations for the purposes of section 136A; and

will not result in the action having an unacceptable impact (see section 527F) on a matter protected by a provision of Part 3 for which the approval has effect; and

if the action has had, will have or is likely to have a residual significant impact on a matter protected by a provision of Part 3 for which the approval has effect—will continue to ensure that the approval passes the net gain test in relation to the residual significant impact on the matter (see section 136C).

in deciding, under section 143, whether or not to revoke, vary or add to any conditions attached to the approval;

in deciding, under section 145D, whether or not to extend the period for which the approval has effect.

whether the taking of the action has substantially commenced; and

any matter mentioned in subsection 145(3); and

the risks (if any) of the surrender to matters protected by a provision of Part 3 for which the approval has effect; and

any other matter the Minister considers relevant.

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

will be consistent with any national environmental standard prescribed by the regulations for the purposes of section 136A; and

will not result in the action having an unacceptable impact (see section 527F) on a matter protected by a provision of Part 3 for which the approval has effect; and

if the action has had, will have or is likely to have a residual significant impact on a matter protected by a provision of Part 3 for which the approval has effect—will continue to ensure that the approval passes the net gain test in relation to the matter (see section 136C).

requirements that a draft of a report on the impacts to which the agreement relates must satisfy; and

the process for any variation of the policy, plan or program before the policy, plan or program is endorsed as mentioned in paragraph (f); and

if any such impacts on matters protected by a provision of Part 3 are residual significant impacts (see section 527J)—the report adequately addresses measures to compensate for them; and

the policy, plan or program includes a mechanism for persons taking an action in accordance with the policy, plan or program to be registered by the responsible person; and

the policy, plan or program requires persons taking an action in accordance with the policy, plan or program to be registered by the responsible person; and

the policy, plan or program requires persons taking an action in accordance with the policy, plan or program to provide the responsible person with information relating to the matters mentioned in paragraph (2B)(b); and

the policy, plan or program requires the responsible person to provide the Minister with information relating to the matters mentioned in subsection (2B); and

the persons who are registered by the responsible person as persons taking an action in accordance with the policy, plan or program;

the greenhouse gas emissions information for actions taken in accordance with the policy, plan or program.

name the person to whom the approval is granted; and

give a copy of the approval to:

the holder of the approval; and

the responsible person for the endorsed policy, plan or program; and

publish a copy of the approval:

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.

an approval of the taking of the action is in operation under Part 9; or

there is in force a decision of the Minister under Division 2 of Part 7 that the action is not a controlled action and, if the decision was made because the Minister believed the action would be taken in a particular manner, the action is being taken in that manner; or

Part 4 lets the person who is taking the action take the action without an approval under Part 9; or

a national interest exemption that allows the action to be taken without an approval is in force; or

the action was referred to the Minister under section 68, 69 or 71 before the approval came into force and, immediately before the approval was granted:

the Minister has not yet decided under section 75 whether the action is a controlled action; or

the Minister has not decided whether to approve the taking of the action under section 133; or

the taking of the action commenced before the approval was granted.

the Minister is deciding whether or not to approve, under section 146B, the taking of an action or a class of actions in accordance with an endorsed policy, plan or program; and

the taking of the action or class of actions involves:

unconventional gas development; or

large coal mining development; and

the Minister believes that the taking of the action or class of actions is likely to have a significant impact on water resources, including any impacts of associated salt production or salinity.

if subparagraph (i) does not apply to the holder of the approval—the holder of the approval;

a reference to the holder of the approval included a reference to the responsible person for the relevant endorsed policy, plan or program; and

a reference to an action were a reference to one or more actions covered by the approval under section 146B.

give the holder of the approval written notice of the proposed decision (unless the holder has agreed to or requested the revocation, variation or addition); and

give the responsible person for the relevant endorsed policy, plan or program written notice of the proposed decision (unless that responsible person has agreed to or requested the revocation, variation or addition); and

if the Minister proposes to make the revocation, variation or addition because a condition attached to the approval has been contravened—give the person who contravened the condition written notice of the proposed decision; and

in a notice under paragraph (a), (b) or (c), invite the person given the notice to give the Minister, within the period specified in the notice (which must be at least 10 business days after the day the notice is given), written comments on the proposed decision; and

publish on the Department’s website an invitation for anyone to give the Minister, within the period specified in the invitation (which must be at least 10 business days after the day the invitation is given), written comments on the proposed decision; and

take into account any relevant comments received in response to an invitation under paragraph (d) or (e).

give written notice to each person taking the action to which the contravention relates that the Minister is proposing to make the determination; and

invite the person to give the Minister, within the period specified in the notice (which must be at least 10 business days after the day the notice is given), written comments on the proposed determination; and

take into account any relevant comments received in response to an invitation under paragraph (b).

give each person taking the specified action:

a copy of the determination; and

if a copy of the revocation, variation or addition was not given to the person under section 143—a copy of the revocation, variation or addition; and

give the holder of the approval a copy of the determination; and

give the responsible person for the relevant endorsed policy, plan or program a copy of the determination; and

publish the determination on the Department’s website.

a reference in that section to the holder of the approval included a reference to the responsible person for the relevant endorsed policy, plan or program; and

a reference to an action were a reference to one or more actions covered by the approval under section 146B.

give the holder of the approval written notice of the proposed decision (unless the holder made the request to accept the surrender); and

give the responsible person for the relevant endorsed policy, plan or program written notice of the proposed decision (unless the responsible person made the request to accept the surrender); and

in a notice under paragraph (a) or (b), invite the person given the notice to give the Minister, within the period specified in the notice (which must be at least 10 business days after the day the notice is given), written comments on the proposed decision; and

publish on the Department’s website an invitation for anyone to give the Minister, within the period specified in the invitation (which must be at least 10 business days after the day the invitation is given), written comments on the proposed decision; and

take into account any relevant comments received in response to an invitation under paragraph (c) or (d).

must include details of the proposed variation; and

must include the reasons for the request; and

must include the reasons why the responsible person considers the proposed variation is minor; and

may include any other matters the responsible person considers appropriate.

the adverse impacts (if any) on matters protected by a provision of Part 3 of actions under the policy, plan or program, as proposed to be varied, would not be greater than the adverse impacts on those matters of actions under the policy, plan or program as in force at the time of the request; and

the measures in the policy, plan or program, as proposed to be varied, to mitigate, repair, or compensate for, damage to matters protected by a provision of Part 3 would not be reduced as compared with such measures in the policy, plan or program as in force at the time of the request.

a request is made under section 146DH; and

the Minister is satisfied that the proposed variation is minor;

give the responsible person a copy of the variation approval;

if an approval under section 146B is in force in relation to the policy, plan or program—give a copy of the variation approval to:

the holder of the approval; and

each person specified in the approval under section 146B as a person who may take an action covered by that approval; and

publish a copy of the variation approval on the Department’s website.

a variation of an action specified in the approval as an action that may be taken in accordance with the endorsed policy, plan or program;

specifying another action, or removing an action, that may be taken in accordance with the endorsed policy, plan or program;

a variation of a class of actions specified in the approval as a class of actions that may be taken in accordance with the endorsed policy, plan or program;

specifying another class of actions, or removing a class of actions, that may be taken in accordance with the endorsed policy, plan or program;

a variation of the persons who may take an action in accordance with the endorsed policy, plan or program;

the revocation, variation or addition of a condition attached to the approval.

give the holder of the approval written notice of the proposed variation; and

give the responsible person for the endorsed policy, plan or program written notice of the proposed variation; and

in a notice under paragraph (a) or (b), invite the person given the notice to give the Minister, within the period specified in the notice (which must be at least 10 business days after the day the notice is given), written comments on the proposed variation; and

publish on the Department’s website an invitation for anyone to give the Minister, within the period specified in the invitation (which must be at least 10 business days after the day the invitation is given), written comments on the proposed variation; and

take into account any relevant comments received in response to an invitation under paragraph (c) or (d).

give a copy of the variation to the holder of the approval;

give a copy of the variation to the responsible person for the endorsed policy, plan or program;

give a copy of the variation to each person specified in the approval as a person who may take an action covered by the approval;

publish the variation on the Department’s website.

give written notice to the person taking the specified action; and

invite the person to give the Minister, within the period specified in the notice (which must be at least 10 business days after the day the notice is given), written comments on the proposed determination; and

take into account any relevant comments received in response to an invitation under paragraph (b).

give the person taking the specified action:

a copy of the determination; and

if a copy of the variation was not given to the person under subsection (4)—a copy of the variation; and

give the holder of the approval a copy of the determination; and

give the responsible person for the relevant endorsed policy, plan or program a copy of the determination; and

publish the determination on the Department’s website.

a notice made under subsection (1);

a determination made under subsection (7).

if the approval does not specify the person or persons who may take the action or an action in the class of actions—specifying the person or persons who may take the action or an action in the class of actions; or

if the approval specifies the person or persons who may take the action or an action in the class of actions—specifying one or more additional persons who may take the action or an action in the class of actions.

the holder of the approval; or

the responsible person for the endorsed policy, plan or program.

if the request was under paragraph (2)(a)—give the responsible person for the endorsed policy, plan or program written notice of the proposed variation; and

if the request was under paragraph (2)(b)—give the holder of the approval written notice of the proposed variation; and

in a notice under paragraph (a) or (b), invite the person given the notice to give the Minister, within the period specified in the notice (which must be at least 10 business days after the day the notice is given), written comments on the proposed variation; and

take into account any relevant comments received in response to an invitation under paragraph (c).

give a copy of the variation to the holder of the approval;

give a copy of the variation to the responsible person for the endorsed policy, plan or program;

give a copy of the variation to each person who, after the variation is made, is specified in the approval as a person who may take an action covered by the approval;

give a copy of the variation to a person who asks for it;

publish the variation on the Department’s website.

the Minister, under section 146DJ, varies an approval under section 146B; and

the effect of the variation is to vary an action, or vary a class of actions, that may be taken in accordance with the endorsed policy, plan or program;

the action as varied, or each action in the class of actions as varied, is a controlled action; and

each provision of Part 3 specified in the approval under paragraph 146B(2)(c) is a controlling provision for each such controlled action.

the Minister, under section 146DJ, varies an approval under section 146B; and

the variation specifies another action, or another class of actions, that may be taken in accordance with the endorsed policy, plan or program;

the action, or each action in the class of actions, is a controlled action; and

each provision of Part 3 specified in the approval under paragraph 146B(2)(c) is a controlling provision for each such controlled action.

a thing done under section 134 or Division 3 or 4 of Part 9 (as applied by Subdivision B);

a variation under section 146DJ or 146DK.

whether or not to make a variation of the approval covered by paragraph 146DJ(2)(a), (b), (c), (d) or (f).

the principles of ecologically sustainable development; and

any bioregional plan, and any bioregional guidance plan, that the Minister considers relevant; and

any relevant advice obtained by the Minister from the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development in accordance with section 146CA.