Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:2_4
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 2 cl 4
Character Range: 604740–606800

4  Minister may determine that particular amendments of the EPBC Act are to apply to an action referred under Division 1 of Part 7 before the commencement time

(1) This item applies in relation to a proposal by a person to take an action that was referred to the Minister under Division 1 of Part 7 of the EPBC Act before the commencement time, but only if the Minister had not, before that time, decided under section 87 of the EPBC Act on the approach to be used for assessment of the relevant impacts of the action.

(2) The Minister may determine, in writing, that some or all of the amendments of the EPBC Act to which subitem 3(3) applies are to apply in relation to a particular action to which this item applies, subject to such modifications of Part 7 and Division 3 of Part 8 of the EPBC Act as are specified in the determination. However, the determination must not:
 (a) increase, or have the effect of increasing, the maximum penalty for any offence; or
 (b) widen, or have the effect of widening, the scope of any offence.

(3) Before making a determination under subitem (2) in relation to a particular action, the Minister (the Environment Minister) must inform the following persons that the Environment Minister proposes to make the determination:
 (a) the person proposing to take the action;
 (b) the designated proponent of the action (if a person has been designated as proponent of the action and the person is not the person proposing to take the action);
 (c) if the action is to be taken in a State or self‑governing Territory and the Environment Minister thinks the action may have an impact on a matter protected by a provision of Division 1 of Part 3 of the amended EPBC Act (about matters of national environmental significance)—the appropriate Minister of the State or Territory.

(4) A determination made under subitem (2) is a legislative instrument, but section 42 of the Legislative Instruments Act 2003 does not apply to the determination.

(5) In this item:
modifications includes omissions, additions and substitutions.