Document ID: chunk:federal_register_of_legislation:C2013A00060:clause:1_24:p1
Version: federal_register_of_legislation:C2013A00060
Segment Type: clause
Provision Reference: sch 1 cl 24 (pt 1/2)
Character Range: 21292–23937

24  Transitional provision—effect of Minister deciding that provisions of new law are controlling provisions for certain controlled actions

Application
(1) This item applies if:
 (a) immediately before the day this item commences, there was in force a decision of the Minister, under Division 2 of Part 7 of the old law, that an action involving coal seam gas development or large coal mining development is a controlled action (the primary decision); and
 (b) the Minister decides, under item 23 of this Schedule, that sections 24D and 24E of the new law are controlling provisions for the controlled action (the new decision).

Primary decision taken to be varied
(2) Subject to this item, the Environment Protection and Biodiversity Conservation Act 1999 as in force from time to time has effect, on and after the day the new decision is made, as if the primary decision were varied to include sections 24D and 24E of the new law as controlling provisions for the controlled action.
(3) The validity of the primary decision, or any other approval process decision made in relation to the controlled action before the new decision is made:
 (a) is not affected by the making of the new decision; and
 (b) cannot be revoked, varied, suspended, challenged, reviewed, set aside or called in question because of, or for reasons relating to:
 (i) the making of the new decision; or
 (ii) the variation of the primary decision as described in subitem (2).
(4) To avoid doubt, any approval process decision made in relation to the controlled action before the new decision is made continues to have effect as if the primary decision were not varied by the new decision.

Actions covered by bilateral agreement
(5) If, immediately before a new decision is made in relation to a controlled action, section 83 of the old law applied in relation to the action, then the making of the new decision does not affect the operation of that section.
(6) The validity of any thing done in relation to a controlled action for the purposes of a bilateral agreement before a new decision relating to the action is made:
 (a) is not affected by the making of the new decision; and
 (b) cannot be revoked, varied, suspended, challenged, reviewed, set aside or called in question because of, or for reasons relating to, the making of the new decision.
(7) To avoid doubt, any thing done in relation to a controlled action for the purposes of a bilateral agreement, before a new decision relating to the action is made, continues to have effect as if the primary decision were not varied by the new decision.

Assessment of relevant impacts of a controlled action
(8)