Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:4_43
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 4 cl 43
Character Range: 62992–64206

43  Actions that are the subject of an active referral
For the purposes of subitem 42(5), an action is, at any particular time, the subject of an active referral if, at that time:
 (a) a proposal to take the action has been referred to the Minister under Division 1 of Part 7 of the Environment Protection and Biodiversity Conservation Act 1999; and
 (b) the referral has not been withdrawn under section 170C of that Act; and
 (c) the Minister has not decided under subsection 74A(1) of that Act not to accept the referral; and
 (d) provisions of Chapter 4 of that Act are not stopped by Division 1A of Part 7 of that Act from applying in relation to the referral; and
 (e) provisions of Chapter 4 of that Act are not stopped by section 155 of that Act from applying because of the referral in relation to the action (or a larger action of which the action is a component); and
 (f) the Minister has not decided that the action (or a larger action of which the action is a component) is not a controlled action for the purposes of that Act; and
 (g) no decision is in operation under Part 9 of that Act approving or not approving the taking of the action (or a larger action of which the action is a component).