Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:4_77a
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 4 cl 77A
Character Range: 143106–144491

77A  Action to be taken in a particular manner

 (1) If, in deciding whether the action is a controlled action or not, the Minister has made a decision (the component decision) that a particular provision of Part 3 is not a controlling provision for the action because the Minister believes it will be taken in a particular manner (whether or not in accordance with an accredited management plan for the purposes of a declaration under section 33 or a bilaterally accredited management plan for the purposes of a bilateral agreement), the notice, to be provided under section 77, must set out the component decision, identifying the provision and the manner.

Note: The Minister may decide that a provision of Part 3 is not a controlling provision for an action because he or she believes that the action will be taken in a manner that will ensure the action will not have (and is not likely to have) an adverse impact on the matter protected by the provision.

 (2) A person must not take an action, that is the subject of a notice that includes a particular manner under subsection (1), in a way that is inconsistent with the manner specified in the notice.

Civil penalty:
 (a) for an individual—1,000 penalty units, or such lower amount as is prescribed by the regulations;
 (b) for a body corporate—10,000 penalty units, or such lower amount as is prescribed by the regulations.