Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_303ga:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 303GA (pt 1/2)
Character Range: 820105–822825

303GA  Permit decision—controlled action, and action for which a non‑Part 13A permit is required
 (1) This section applies if:
 (a) an application is made under section 303CE, 303DE or 303EL for a permit (the first permit) to authorise the taking of an action (the proposed action); and
 (b) the Minister considers that:
 (i) the proposed action may be or is a controlled action; or
 (ii) the proposed action is related to an action (the related action) that may be or is a controlled action; or
 (iii) the proposed action is an action for which a non‑Part 13A permit is required; or
 (iv) the proposed action is related to an action (the related action) that is an action for which a non‑Part 13A permit is required.

Deferral of decision
 (2) The Minister must neither issue, nor refuse to issue, the first permit before whichever is the latest of the following days:
 (a) if subparagraph (1)(b)(i) applies—the day on which the Minister makes a decision under section 75 about whether the proposed action is a controlled action;
 (b) if subparagraph (1)(b)(i) applies and the Minister makes a decision under section 75 that the proposed action is a controlled action—the day on which the Minister makes a decision under section 133 approving, or refusing to approve, the taking of the controlled action;
 (c) if subparagraph (1)(b)(ii) applies—the day on which the Minister makes a decision under section 75 about whether the related action is a controlled action;
 (d) if subparagraph (1)(b)(ii) applies and the Minister makes a decision under section 75 that the related action is a controlled action—the day on which the Minister makes a decision under section 133 approving, or refusing to approve, the taking of the controlled action;
 (e) if subparagraph (1)(b)(iii) applies—the day on which a decision is made to issue, or to refuse to issue, the non‑Part 13A permit referred to in that subparagraph;
 (f) if subparagraph (1)(b)(iv) applies—the day on which a decision is made to issue, or to refuse to issue, the non‑Part 13A permit referred to in that subparagraph.

Refusal of permit
 (3) The Minister must not issue the first permit if:
 (a) subparagraph (1)(b)(i) applies; and
 (b) the Minister makes a decision under section 75 that the proposed action is a controlled action; and
 (c) the Minister makes a decision under section 133 refusing to approve the taking of the controlled action.
 (4) The Minister must not issue the first permit if:
 (a) subparagraph (1)(b)(ii) applies; and
 (b) the Minister makes a decision under section 75 that the related action is a controlled action; and
 (c) the Minister makes a decision under section 133 refusing to approve the taking of the controlled action.
 (5)