Document ID: chunk:federal_register_of_legislation:C2024C00598:section:134:p3
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 134 (pt 3/4)
Character Range: 370268–373019

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.

Conditions attached under paragraph (3)(e)
 (3D) When making a decision whether to approve an action management plan, if the Minister believes on reasonable grounds that the Minister does not have enough information to make a decision, the Minister may request the holder of the approval to provide specified information relevant to making the decision.

Considerations in deciding on condition
 (4) In deciding whether to attach a condition to an approval, the Minister must consider:
 (a) any relevant conditions that have been imposed, or the Minister considers are likely to be imposed, under a law of a State or self‑governing Territory or another law of the Commonwealth on the taking of the action; and
 (aa) information provided by the person proposing to take the action or by the designated proponent of the action; and
 (b) the desirability of ensuring as far as practicable that the condition is a cost‑effective means for the Commonwealth and a person taking the action to achieve the object of the condition.

Effect of conditions requiring compliance with conditions specified in another instrument
 (4A) If:
 (a) a condition (the principal condition) attached to an approval under paragraph (3)(c) requires a person taking the action to comply with conditions (the other conditions) specified in an instrument of a kind referred to in that paragraph; and
 (b) the other conditions are in excess of the power conferred by subsection (1);
the principal condition is taken to require the person to comply with the other conditions only to the extent that they are not in excess of that power.

Validity of decision
 (5) A failure to consider information as required by paragraph (4)(aa) does not invalidate a decision