Document ID: chunk:federal_register_of_legislation:F2024C01033:front:0:p23
Version: federal_register_of_legislation:F2024C01033
Segment Type: other
Provision Reference: 
Character Range: 59764–62576

complexity.
 (2) When making a determination under this regulation, the Minister must consider the following:
 (a) the matters referred to in paragraphs 87(3)(a) to (e) of the Act;
 (b) how well understood are the impacts of the action on each matter protected by a controlling provision included in the Subdivision to which the controlling provision component relates;
 (c) how well understood are the options for managing or offsetting the impacts of the action on each matter protected by a controlling provision included in the Subdivision to which the controlling provision component relates;
 (d) if section 18, 18A, 20 or 20A of the Act is relevant to the action—the number of species and communities to be included in the assessment;
 (e) if section 23 or 24A of the Act is relevant to the action—any bioregional plan for a bioregion that includes the area, or any part of the area, in which the action is taken or in which the action has, will have or is likely to have impacts.

World Heritage property that is also a National Heritage place
 (5) If a declared World Heritage property is also a National Heritage place, the Minister may make a determination under this regulation only in relation to the declared World Heritage property.

Listed threatened species that are also listed migratory species
 (6) If a listed threatened species is also a listed migratory species, the Minister may make a determination under this regulation only in relation to the listed threatened species.
 (7) A determination made under this regulation is not a legislative instrument.

5.12E  Determination for an exceptional case component
 (1) The Minister may determine, in relation to an action, that:
 (a) both:
 (i) the action is of a kind that has not been taken before; and
 (ii) the Minister considers that the impacts are uncertain; or
 (b) the Minister considers that the impacts of the action on the environment are very high because there are threats of serious or irreversible environmental damage.
 (2) A determination made under this regulation is not a legislative instrument.

5.12F  Determination for the legislative impact component
 (1) The Minister may determine that a legislative impact component is of low complexity, moderate complexity, high complexity or very high complexity.
 (2) When making a determination under this regulation, the Minister must consider:
 (a) how many (if any) legislative processes of the following kinds are involved in the assessment of the action:
 (i) a specified manner of assessment in accordance with a bilateral agreement, including a declaration described in section 47 of the Act;
 (ii) an accredited assessment process mentioned in paragraph 87(1)(a) of the Act;
 (iii) the implementation of a project mentioned in paragraph 160(2)(a) of the Act;
 (iv) the