Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:2_40:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 2 cl 40 (pt 1/2)
Character Range: 632876–635502

40  Section 324F emergency listings before the heritage commencement time

(1) This item applies if, before the heritage commencement time:
 (a) a place had been included in the National Heritage List under section 324F of the old EPBC Act at a particular time (the inclusion time); and
 (b) the Minister had not acted under subsection 324J(5) of the old EPBC Act in relation to the continued inclusion of the place in the National Heritage List.

(2) The place is taken, for the purposes of the amended EPBC Act, to have been included in the National Heritage List (the amended EPBC Act emergency listing of the place):
 (a) under subsection 324JL(1) of the amended EPBC Act; and
 (b) at the inclusion time.

(3) If the Minister had, before the heritage commencement time, complied with subsection 324F(5) of the old EPBC Act in relation to the inclusion of the place in the National Heritage List, the Minister is taken to have complied with subsection 324JL(3) of the amended EPBC Act in relation to the amended EPBC Act emergency listing of the place.

(4) If the Minister had given the Chair of the Australian Heritage Council a request under subsection 324F(3) of the old EPBC Act for an assessment of the place, the request is taken, for the purposes of the amended EPBC Act, to be a request:
 (a) made under subsection 324JM(1) of the amended EPBC Act; and
 (b) that specifies an assessment completion time that is the same as the time the assessment would have become due under section 324G of the old EPBC Act if that section had not been repealed.

(5) The Minister, and the Australian Heritage Council, may take into account, in dealing with a matter relating to the amended EPBC Act emergency listing of the place, any information that was obtained before the heritage commencement time in relation to the inclusion of the place in the National Heritage List under section 324F of the old EPBC Act.

(6) If:
 (a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 324G(3A) 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 amended EPBC Act emergency listing of the place;
then, in relation to the amended EPBC Act emergency listing of the place:
 (c) the Australian Heritage Council is taken to have complied with section 324JN of the amended EPBC Act; and
 (d) references in the amended EPBC Act (including as the amended EPBC Act applies because of section 324JO of the amended EPBC Act) to the notice under subsection 324JN(1) are taken to be references to the notice