Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_27:p4
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 27 (pt 4/5)
Character Range: 1532757–1535616

damage the whole or a part of a habitat of a threatened species of flora or fauna; or
 (vi) could damage the whole or a part of a place, or an ecological community, that is essential to the continuing existence of a threatened species of flora or fauna; or
 (vii) could threaten with extinction, or significantly impede the recovery of, a threatened ecological community; or
 (viii) could have an adverse effect on a threatened ecological community; or
 (ix) could damage the whole or a part of the habitat of a threatened ecological community; or
 (x) could have an adverse effect on a listed migratory species (as defined in the Environment Protection and Biodiversity Conservation Act 1999); or
 (xi) will have or is likely to have a significant impact on the environment in a Commonwealth marine area (as defined in the Environment Protection and Biodiversity Conservation Act 1999); or
 (xii) will have or is likely to have a significant impact on the environment on Commonwealth land (as defined in the Environment Protection and Biodiversity Conservation Act 1999);
 (b) the visual effect of the facilities on streetscapes and other landscapes;
 (c) whether the facilities are to be installed at any of the following places:
 (i) a declared World Heritage property (as defined in the Environment Protection and Biodiversity Conservation Act 1999);
 (ia) a declared Ramsar wetland (as defined in the Environment Protection and Biodiversity Conservation Act 1999);
 (ii) a place that Australia is required to protect by the terms of a listed international agreement;
 (iii) an area that, under a law of the Commonwealth, a State or a Territory, is reserved wholly or principally for nature conservation purposes (however described);
 (iv) an area that, under a law of the Commonwealth, a State or a Territory, is protected from significant environmental disturbance;
 (d) whether the facilities are to be installed at or near an area or thing that is:
 (i) included in the National Heritage List or Commonwealth Heritage List, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999; or
 (iii) registered under a law of a State or Territory relating to heritage conservation; or
 (iv) of particular significance to Aboriginal persons, or Torres Strait Islanders, in accordance with their traditions;
 (e) such other matters (if any) as the ACMA considers relevant.

Deemed approvals by administrative authorities
 (8) The ACMA may, by written instrument, determine that this clause has the effect it would have if it were assumed that a specified administrative authority had given a specified approval for the installation of one or more specified facilities. The determination has effect accordingly.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.

Definitions
 (9) In this