Document ID: chunk:federal_register_of_legislation:C2024C00598:section:146d
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 146D
Character Range: 413612–416085

146D  Effect of approval of taking of actions in accordance with endorsed policy, plan or program
 (1) If an approval under section 146B is in force, the following provisions have effect:
 (a) the Minister is taken to have decided under Division 2 of Part 7 that:
 (i) each action specified in the approval under paragraph 146B(2)(b), or each action in a class of actions specified in the approval under that paragraph, is a controlled action; and
 (ii) each provision of Part 3 specified in the approval under paragraph 146B(2)(c) is a controlling provision for each such controlled action;
 (b) the Minister is taken to have approved under Part 9, for the purposes of each controlling provision for each controlled action, the taking of the action by any of the following:
 (i) the person or persons (if any) specified in the approval under subsection 146B(2A) as the person or persons who may take the action;
 (ii) any other person who may take the action in accordance with the endorsed policy, plan or program.
 (2) Parts 7 and 8 and paragraph 170A(c) do not apply in relation to an action if an approval of the taking of the action, or an approval of the taking of a class of actions that includes the action, in accordance with an endorsed policy, plan or program is in force under section 146B.
 (3) Subject to subsection (4), section 134 and Divisions 2, 3 and 4 of Part 9 apply in relation to an approval of the taking of an action that is taken to have been given under Part 9 because of paragraph (1)(b).
Note: Section 134 deals with conditions of approvals, Division 2 of Part 9 deals with compliance with conditions, Division 3 of Part 9 deals with variation of conditions and suspension and revocation of approvals and Division 4 of Part 9 deals with transfer of approvals.
 (4) Subsection 145A(4) applies in relation to a decision whether or not to reinstate an approval of the taking of an action that is taken to have been given under Part 9 because of paragraph (1)(b), as if:
 (a) the reference to Subdivision B of Division 1 of Part 9 were a reference to Subdivision C of this Division; and
 (b) the reference to a decision whether or not to approve the taking of an action were a reference to a decision whether or not to approve, under this Subdivision, the taking of an action in accordance with an endorsed policy, plan or program.

Subdivision C—Considerations for approving taking of actions in accordance with endorsed policy, plan or program