Document ID: chunk:federal_register_of_legislation:C2023A00122:clause:2_26
Version: federal_register_of_legislation:C2023A00122
Segment Type: clause
Provision Reference: sch 2 cl 26
Character Range: 15696–17565

26  Amendments do not apply—certain referred proposals
(1) The amendments made by Part 1 of this Schedule do not apply in relation to an action taken on or after the commencement day if, immediately before the commencement day:
 (a) an approval of the taking of the action is in operation under Part 9 of the main Act; or
 (b) both:
 (i) a decision that the action is not a controlled action is in operation under section 75 of the main Act; and
 (ii) the decision was not made because the Minister believed the action would be taken in a particular manner.
(2) The amendments made by Part 1 of this Schedule do not apply in relation to an action taken on or after the commencement day if:
 (a) immediately before that day, a decision that the action is not a controlled action is in operation under section 75 of the main Act; and
 (b) the decision was made because the Minister believed the action would be taken in a particular manner; and
 (c) the action is being taken in that manner.
(3) The amendments made by Part 1 of this Schedule do not apply in relation to an action taken on or after the commencement day if:
 (a) a proposal by a person to take the action was referred to the Minister under Division 1 of Part 7 of the main Act before the commencement day; and
 (b) immediately before the commencement day, all of the following circumstances exist:
 (i) the Minister has not decided whether or not to approve the taking of the action for the purposes of any controlling provisions;
 (ii) the person has been informed under section 131AA of the main Act of the decision the Minister proposes to make in relation to the action;
 (iii) if section 131AB of the main Act applies—the Minister has obtained advice from the Independent Scientific Committee on Coal Seam Gas and Large Coal Mining Development in accordance with subsection 131AB(2) of the main Act.