Document ID: chunk:federal_register_of_legislation:C2024C00598:section:158a:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 158A (pt 1/2)
Character Range: 441536–444279

158A  Approval process decisions not affected by listing events that happen after section 75 decision made
 (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