Document ID: chunk:federal_register_of_legislation:C2013A00060:clause:1_24e:p2
Version: federal_register_of_legislation:C2013A00060
Segment Type: clause
Provision Reference: sch 1 cl 24E (pt 2/2)
Character Range: 7837–8872

(4) Subsections (1) to (3) do not apply to an action if:
 (a) an approval of the taking of the action by the constitutional corporation, Commonwealth agency or person is in operation under Part 9 for the purposes of this section; or
 (b) Part 4 lets the constitutional corporation, Commonwealth agency or person take the action without an approval under Part 9 for the purposes of this section; or
 (c) there is in force a decision of the Minister under Division 2 of Part 7 that this section 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 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 subsection (4). See subsection 13.3(3) of the Criminal Code.