Document ID: chunk:federal_register_of_legislation:C2005A00094:clause:1_26
Version: federal_register_of_legislation:C2005A00094
Segment Type: clause
Provision Reference: sch 1 cl 26
Character Range: 5915–7790

26  Closing off the Act to new approvals

No new approvals

 (1) The Minister must not grant an approval of a project or program under this Act on or after the AusLink transition time.

Certain approvals under this Act continue in force

 (2) If:
 (a) immediately before the AusLink transition time, an approval was in force under subsection 26(3) of this Act, as then in force; and
 (b) the approval is not an approval that is taken to be an approval granted under the AusLink (National Land Transport) Act 2005 by item 2 of Schedule 2 to the AusLink (National Land Transport—Consequential and Transitional Provisions) Act 2005;
then the approval continues in force, and may be dealt with, on and after the AusLink transition time, as if section 26 of this Act, as in force immediately before the AusLink transition time, had not been repealed.

 (3) A reference in this Act to a project or program approved under subsection 26(3) of this Act is a reference to a project or program for which an approval continues in force under subsection (2).

Certain declarations under this Act continue in force

 (4) If, immediately before the AusLink transition time, a declaration was in force under subsection 4(1), 4(2), 5(1), 6(1), 7(1), 7(3), 7A(1), 7B(1), 7B(2), 7C(1), 8(1) or 8(2) of this Act, as then in force, then the declaration continues in force, and may be dealt with, on and after the AusLink transition time, as if sections 4, 5, 6, 7, 7A, 7B, 7C and 8 of this Act, as in force immediately before the AusLink transition time, had not been repealed.

 (5) A reference in this Act to a declaration under subsection 4(1), 4(2), 5(1), 6(1), 7(1), 7(3), 7A(1), 7B(1), 7B(2), 7C(1), 8(1) or 8(2) of this Act is a reference to a declaration under that subsection, as in force immediately before the AusLink transition time, that continues in force under subsection (4).