Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_196
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 196
Character Range: 85544–87517

196  Paragraphs 78(1)(b) and (c)
Repeal the paragraphs, substitute:
 (b) the following requirements are met:
 (i) the first decision was that the action was not a controlled action because the Minister believed the action would be taken in the manner identified under subsection 77A(1) in the notice given under section 77;
 (ii) the Minister is satisfied that the action is not being, or will not be, taken in the manner identified; or
 (ba) the following requirements are met:
 (i) the first decision was that the action was not a controlled action because of a provision of a bilateral agreement and a management arrangement or an authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process for the purposes of the agreement;
 (ii) the provision of the agreement no longer operates in relation to the action, or the management arrangement or authorisation process is no longer in force under, or set out in, a law of a State or a self‑governing Territory identified in or under the agreement; or
 (c) the following requirements are met:
 (i) the first decision was that the action was not a controlled action because of a declaration under section 33 and a management arrangement or an authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration;
 (ii) the declaration no longer operates in relation to the action, or the management arrangement or authorisation process is no longer in operation under, or set out in, a law of the Commonwealth identified in or under the declaration; or
 (ca) the following requirements are met:
 (i) the first decision was that the action was not a controlled action because of a declaration under section 37A and a bioregional plan to which the declaration relates;
 (ii) the declaration no longer operates in relation to the action, or the bioregional plan is no longer in force; or