Document ID: chunk:federal_register_of_legislation:C2004A00486:clause:1_4
Version: federal_register_of_legislation:C2004A00486
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 8918–10919

4  Actions being assessed under EPIP Act when new Act commences need not be assessed under new Act

Actions that are EPIP activities

(1) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to an action that is an EPIP activity if, before the commencement of the new Act, the Minister administering the EPIP Act had:
 (a) decided under the Administrative Procedures that an environmental impact statement or public environment report relating to the EPIP activity should be submitted; or
 (b) directed under section 11 of the EPIP Act that an inquiry be conducted in respect of a matter including the EPIP activity.

Note: The EPIP Act and Administrative Procedures continue to apply to the EPIP activity. See Part 2 of Schedule 3 to this Act.

Actions that are related to EPIP activities

(2) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to an action that is related to an EPIP activity if:
 (a) before the commencement of the new Act, the Minister administering the EPIP Act had:
 (i) decided under the Administrative Procedures that an environmental impact statement or public environment report relating to the EPIP activity should be submitted; or
 (ii) directed under section 11 of the EPIP Act that an inquiry be conducted in respect of a matter including the EPIP activity; and
 (b) the Minister administering Part 3 of the new Act has certified under item 6 that the impacts that the action has, will have or is likely to have on the environment have been, are being or will be assessed under the Administrative Procedures (as applying because of the EPIP Act or Part 2 of Schedule 3 to this Act).

New Act may apply if assessment not finalised in 2 years

(3) Two years after the commencement of the new Act, this item ceases to apply to an action described in subitem (1) or (2) if the environmental impact statement, public environment report or inquiry report (as appropriate) has not been finalised before that time.