Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:2_5
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 606800–607800

5  Proposals to authorise actions referred under section 161 before the commencement time—assessment approach decision made

(1) This item applies in relation to an action described in subsection 160(2) of the EPBC Act that a Commonwealth agency or employee of the Commonwealth proposes to authorise if:
 (a) the proposal to give the authorisation was referred to the Minister under section 161 of the EPBC Act before the commencement time; and
 (b) before that time, the Minister:
 (i) had decided under section 87 of the EPBC Act (as applied by section 162 of that Act) on the approach to be used for assessment of the impact that the action has, will have, or is likely to have on the environment; but
 (ii) had not given advice about the proposal to give the authorisation of the action under section 163 of the EPBC Act.

(2) The amendments of Part 8, Subdivision A of Division 4 of Part 11 and section 170A of the EPBC Act made by the amending Schedule do not apply in relation to the action.