Document ID: chunk:federal_register_of_legislation:C2024C00598:section:43b
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 43B
Character Range: 189442–190641

43B  Actions which are lawful continuations of use of land etc.
 (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 the action is a lawful continuation of a use of land, sea or seabed that was occurring immediately before the commencement of this Act.
 (2) However, subsection (1) does not apply to an action if:
 (a) before the commencement of this Act, the action was authorised by a specific environmental authorisation; and
 (b) at the time the action is taken, the specific environmental authorisation continues to be in force.
Note: In that case, section 43A applies instead.
 (3) For the purposes of this section, neither of the following is a continuation of a use of land, sea or seabed:
 (a) an enlargement, expansion or intensification of use;
 (b) either:
 (i) any change in the location of where the use of the land, sea or seabed is occurring; or
 (ii) any change in the nature of the activities comprising the use;
  that results in a substantial increase in the impact of the use on the land, sea or seabed.

Chapter 3—Bilateral agreements

Part 5—Bilateral agreements

Division 1—Object of Part