Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:4_42
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 4 cl 42
Character Range: 60774–62992

42  Application of amendments

(1) The amendments made by this Schedule do not apply in relation to an action that is an exempt action under this item.

(2) An action is an exempt action if, immediately before the amendments commenced, an approval to take the action was in operation under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999.

(3) An action is an exempt action if, immediately before the amendments commenced:
 (a) a person was taking the action; and
 (b) Part 4 of the Environment Protection and Biodiversity Conservation Act 1999 let the person take the action without an approval under Part 9 of that Act.

(4) An action is an exempt action if, immediately before the amendments commenced:
 (a) there was in force a decision of the Minister under Division 2 of Part 7 of the Environment Protection and Biodiversity Conservation Act 1999 that the action is not a controlled action; and
 (b) the action was not an action the taking of which would be an offence under the Great Barrier Reef Marine Park Act 1975 if taken without a permission having been granted under regulations made under that Act.

(5) An action that was the subject of an active referral (see item 43) at the time the amendments commenced is an exempt action:
 (a) from the time the amendments commence until the time the action ceases to be the subject of an active referral; and
 (b) if the action ceases to be the subject of an active referral because an approval of the taking of the action starts to operate under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 as a result of the referral—for so long as the approval is in operation.

(6) An action that was the subject of an active application (see item 44) at the time the amendments commenced is an exempt action:
 (a) from the time the amendments commenced until the time the action ceases to be the subject of an active application; and
 (b) if the action ceases to be the subject of an active application because a permission to take the action is granted in accordance with regulations made under the Great Barrier Reef Marine Park Act 1975 as a result of the application—for so long as the permission has effect.