Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:2_42:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 2 cl 42 (pt 2/2)
Character Range: 640763–642869

in relation to that nomination of the place:
 (c) the Australian Heritage Council is taken to have complied with section 341JF of the amended EPBC Act; and
 (d) references in the amended EPBC Act to the notice under subsection 341JF(1) are taken to be references to the notice (the old EPBC Act notice) published by the Council when complying with subsection 341G(3A) of the old EPBC Act in relation to the assessment of the place; and
 (e) regulations (if any) referred to in paragraph 341JF(4)(b) of the amended EPBC Act do not apply to comments received by the Council in response to the old EPBC Act notice.

(7) If:
 (a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 341G(4) of the old EPBC Act in relation to the assessment of the place; and
 (b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then, in relation to that nomination of the place:
 (c) the Australian Heritage Council is taken to have complied with subsection 341JG(5) of the amended EPBC Act; and
 (d) the reference in paragraph 341JG(2)(b) of the amended EPBC Act to paragraph 341JG(5)(c) is taken to be a reference to paragraph 341G(4)(c) of the old EPBC Act.

(8) If:
 (a) the Australian Heritage Council had, before the heritage commencement time, given the Minister a written assessment of the place in accordance with section 341G of the old EPBC Act; and
 (b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then that assessment, and any comments given to the Minister by the Council under section 341G of the old EPBC Act with that assessment, are taken, for the purposes of the amended EPBC Act, to have been given by the Council to the Minister:
 (c) in accordance with subsection 341JG(1) of the amended EPBC Act in relation to that place; and
 (d) on the day the Minister makes the determination referred to in paragraph (b).

(9) A determination under subitem (6), (7) or (8) is not a legislative instrument.