Document ID: chunk:federal_register_of_legislation:C2013A00060:clause:1_22:p1
Version: federal_register_of_legislation:C2013A00060
Segment Type: clause
Provision Reference: sch 1 cl 22 (pt 1/2)
Character Range: 13491–16080

22  Application—decision relating to action approved or undertaken before commencement
(1) The amendments made by this Schedule do not apply in relation to the taking of an action by a person involving coal seam gas development or large coal mining development if:
 (a) immediately before the day this item commences, any of the circumstances set out in subitem (2) were satisfied in relation to the action and the person; or
 (b) immediately before 13 March 2013, the circumstance set out in subitem (2A) was satisfied in relation to the action and the person.
(2) For the purposes of paragraph (1)(a), the circumstances are:
 (a) the Minister has, under Part 9 of the old law, approved the taking of the action by the person for the purposes of a provision of Part 3 of the old law; or
 (b) the Minister has, under Division 2 of Part 7 of the old law, decided that the action is not a controlled action; or
 (c) the Minister has, under Division 2 of Part 7 of the old law, decided that the action is not a controlled action because the Minister believed the action would be taken in the manner specified in a notice given under section 77 of the old law; or
 (d) both:
 (i) the Minister has informed the persons mentioned in paragraph 131AA(1)(a) of the old law of the decision the Minister proposes to make in relation to the action; and
 (ii) the Minister has, as required by section 131AB of the old law, obtained advice from the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development in relation to the action;
 (f) the action has a prior authorisation, as described in subitem (3).
(2A) For the purposes of paragraph (1)(b), the circumstance is that none of the provisions of Part 3 of the old law were controlling provisions for the action and an appropriate Minister of a declared State or Territory has, under paragraph 505D(1)(b) of the old law, obtained advice from the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development in relation to the action for the purposes of giving a specific environment authorisation for the action under a State or Territory law.
(3) A person may take an action described in section 24D or 24E of the new law without an approval under Part 9 of the new law for the purposes of that section if:
 (a) the action involves:
 (i) coal seam gas development; or
 (ii) large coal mining development; and
 (b) before the day this item commences, the action was authorised by a specific environmental authorisation; and
 (c) immediately before the day this item commences, no further