Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:4_24c:p2
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 4 cl 24C (pt 2/2)
Character Range: 47377–48269

under Part 9 for the purposes of the subsection; or
 (b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of the subsection; or
 (c) there is in force a decision of the Minister under Division 2 of Part 7 that the subsection is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or
 (d) the person taking the action is the Commonwealth or a Commonwealth agency; or
 (e) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.