Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:2_39:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 2 cl 39 (pt 2/2)
Character Range: 630729–632874

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 section 324JG of the amended EPBC Act; and
 (d) references in the amended EPBC Act to the notice under subsection 324JG(1) are taken to be references to the notice (the old EPBC Act notice) published by the Council when complying with subsection 324G(3A) of the old EPBC Act in relation to the assessment of the place; and
 (e) regulations (if any) referred to in paragraph 324JG(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 324G(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 324JH(5) of the amended EPBC Act; and
 (d) the reference in paragraph 324JH(2)(b) of the amended EPBC Act to paragraph 324JH(5)(c) is taken to be a reference to paragraph 324G(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 324G 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 324G 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 324JH(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.