Document ID: chunk:federal_register_of_legislation:C2004A00486:clause:1_7
Version: federal_register_of_legislation:C2004A00486
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 15644–17628

7  Actions exempted from Administrative Procedures need not be assessed under the new Act

(1) This item applies if, immediately before the commencement of the new Act, an exemption under the Administrative Procedures was in force so that neither an environmental impact statement, nor a public environment report nor an inquiry under the Procedures was required in relation to a Commonwealth action (as defined in the Procedures).

(2) For so long as no environmental impact statement, public environment report or inquiry under the Administrative Procedures would have been required in relation to the Commonwealth action because of the exemption (had the EPIP Act not been repealed), neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to:
 (a) an action (as defined in the new Act) that is the Commonwealth action; or
 (b) an action (as defined in the new Act) that:
 (i) is related to the Commonwealth action; and
 (ii) the Minister administering Part 3 of the new Act has certified under subitem (3) is related to the Commonwealth action.

(3) The Minister administering Part 3 of the new Act may certify in writing that a specified action is related to the Commonwealth action if, and only if, he or she believes that, when the decision was made to grant the exemption, it was envisaged that the action, or actions in a class including the action, would be permitted, caused, promoted or facilitated by:
 (a) the Commonwealth action; or
 (b) a Commonwealth action in the class of Commonwealth actions to which the exemption related.

(4) That Minister must not consider any other matters in deciding whether to certify.

(5) That Minister may certify either of that Minister's own accord, or in response to a written request from a person.

(6) A person may give that Minister a written request that that Minister certify in relation to a particular action. That Minister must decide whether to grant the request within 30 days of receiving it.