Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:2_43:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 2 cl 43 (pt 2/2)
Character Range: 645290–647587

EPBC Act; and
 (d) references in the amended EPBC Act (including as the amended EPBC Act applies because of section 341JN of the amended EPBC Act) to the notice under subsection 341JM(1) are taken to be references to the notice (the old EPBC Act notice) published by the Council when complying with subsection 341G(3A) of the old EPBC Act in relation to the assessment of the place; and
 (e) regulations (if any) referred to in paragraph 341JM(3)(b) of the amended EPBC Act do not apply to comments received by the Council in response to the old EPBC Act notice.

(7) If:
 (a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 341G(4) of the old EPBC Act in relation to the assessment of the place; and
 (b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then, in relation to the amended EPBC Act emergency listing of the place:
 (c) the Australian Heritage Council is taken to have complied with subsection 341JG(5) of the amended EPBC Act (as that subsection applies because of section 341JN of the amended EPBC Act); and
 (d) the reference in paragraph 341JG(2)(b) of the amended EPBC Act (as that paragraph applies because of section 341JN of the amended EPBC Act) to paragraph 341JG(5)(c) is taken to be a reference to paragraph 341G(4)(c) of the old EPBC Act.

(8) If:
 (a) the Australian Heritage Council had, before the heritage commencement time, given the Minister a written assessment of the place in accordance with section 341G of the old EPBC Act; and
 (b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then that assessment, and any comments given to the Minister by the Council under section 341G of the old EPBC Act with that assessment, are taken, for the purposes of the amended EPBC Act, to have been given by the Council to the Minister:
 (c) in accordance with subsection 341JG(1) of the amended EPBC Act (as that subsection applies because of section 341JN of the amended EPBC Act) in relation to that place; and
 (d) on the day the Minister makes the determination referred to in paragraph (b).

(9) A determination under subitem (6), (7) or (8) is not a legislative instrument.