Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_130
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 130
Character Range: 55276–56110

130  Subsection 43B(2)
Repeal the subsection, substitute:

 (2) However, subsection (1) does not apply to an action if:
 (a) before the commencement of this Act, the action was authorised by a specific environmental authorisation; and
 (b) at the time the action is taken, the specific environmental authorisation continues to be in force.

Note: In that case, section 43A applies instead.

 (3) For the purposes of this section, neither of the following is a continuation of a use of land, sea or seabed:
 (a) an enlargement, expansion or intensification of use;
 (b) either:
 (i) any change in the location of where the use of the land, sea or seabed is occurring; or
 (ii) any change in the nature of the activities comprising the use;
  that results in a substantial increase in the impact of the use on the land, sea or seabed.