Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_274
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 274
Character Range: 134624–135905

274  After subsection 134(3)
Insert:

Certain conditions require consent of holder of approval

 (3A) The following kinds of condition cannot be attached to the approval of an action unless the holder of the approval has consented to the attachment of the condition:
 (a) a condition referred to in paragraph (3)(aa), if the activities specified in the condition are not reasonably related to the action;
 (b) a condition referred to in paragraph (3)(ab).

 (3B) If the holder of the approval has given consent, for the purposes of subsection (3A), to the attachment of a condition:
 (a) the holder cannot withdraw that consent after the condition has been attached to the approval; and
 (b) any person to whom the approval is later transferred under section 145B is taken to have consented to the attachment of the condition, and cannot withdraw that consent.

Conditions attached under paragraph (3)(c)

 (3C) A condition attached to an approval under paragraph (3)(c) may require a person taking the action to comply with conditions specified in an instrument of a kind referred to in that paragraph:
 (a) as in force at a particular time; or
 (b) as is in force or existing from time to time;
even if the instrument does not yet exist at the time the approval takes effect.