Document ID: chunk:federal_register_of_legislation:C2013A00060:clause:1_23:p1
Version: federal_register_of_legislation:C2013A00060
Segment Type: clause
Provision Reference: sch 1 cl 23 (pt 1/2)
Character Range: 16996–19738

23  Transitional provision—Minister to decide whether provisions of new law are controlling provisions for certain controlled actions

Application
(1) This item applies if:
 (a) immediately before the day this item commences, there was in force a decision of the Minister, under Division 2 of Part 7 of the old law, that an action involving coal seam gas development or large coal mining development is a controlled action; and
 (b) on the day this item commences, either:
 (i) the taking of the action has not been approved by the Minister under Part 9 of the old law for the purposes of a provision of Part 3 of the old law; or
 (ii) the Minister had not 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 or advice from the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development in relation to the action has not been obtained by the Minister under section 131AB of the old law.

Are the provisions of the new law controlling provisions?
(2) The Minister must, in accordance with this item and within the transitional period, decide whether sections 24D and 24E of the new law are controlling provisions for the controlled action.

Considerations in decision
(3) Before deciding whether sections 24D and 24E of the new law are controlling provisions for a controlled action, the Minister must:
 (a) notify the person proposing to take the action that:
 (i) the Minister considers that sections 24D and 24E of the new law are controlling provisions for the action; or
 (ii) the Minister considers that sections 24D and 24E of the new law are not controlling provisions for the action; and
 (b) invite the person to give the Minister written comments on the proposed decision, within 10 business days (measured in Canberra).
(4) Before deciding whether sections 24D and 24E of the new law are controlling provisions for a controlled action, the Minister (the Environment Minister) may:
 (a) notify any other Minister whom the Environment Minister considers has administrative responsibilities relating to the proposed decision; and
 (b) invite the relevant Minister to give the Environment Minister written comments on the proposed decision, within 10 business days (measured in Canberra).
(5) If the Minister believes on reasonable grounds that he or she does not have enough information to decide whether sections 24D and 24E of the new law are controlling provisions for the controlled action, the Minister may request the person proposing to take the action to provide specified information relevant to making the decision.
(6) If the Minister has requested more information under subitem (5), a day is not to