Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_43a
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 43A
Character Range: 181962–182855

43A  Actions with prior authorisation

 (1) A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
 (a) the action consists of a use of land, sea or seabed; and
 (b) the action was specifically authorised under a law of the Commonwealth, a State or a self-governing Territory before the commencement of this Act; and
 (c) immediately before the commencement of this Act, no further environmental authorisation was necessary to allow the action to be taken lawfully.

 (2) In this section:

environmental authorisation means an authorisation under a law of the Commonwealth, a State or a self-governing Territory that has either or both of the following objects (whether express or implied):
 (a) to protect the environment;
 (b) to promote the conservation and ecologically sustainable use of natural resources.