Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008 (125 of 2008)

Schedule 4   Environmental impact assessments

Part 2   Amendment of the Great Barrier Reef Marine Park Act 1975

Great Barrier Reef Marine Park Act 1975

41   Section 38

Repeal the section, substitute:

Division 4 — Relationship with the Environment Protection and Biodiversity Conservation Act 1999

37AB Actions affected by the Environment Protection and Biodiversity Conservation Act 1999

(1) If:

(a) a proposal to take an action is referred to the Minister under Division 1 of Part 7 of the Environment Protection and Biodiversity Conservation Act 1999; and

(b) the action, or a component of the action, involves doing a thing that would be an offence against this Act if done without a permission under the regulations;

the referral is taken to be an application made in accordance with the regulations for that permission.

Note: A subsequent decision under the Environment Protection and Biodiversity Conservation Act 1999 that the action is not a controlled action does not affect an application that is taken to have been made because of subsection (1).

(2) The Authority, or an agency that has responsibility under a zoning plan for granting permissions, must not grant a person permission under the regulations to do a thing if:

(a) the thing is, or is part of, an action that is a controlled action for the purposes of the Environment Protection and Biodiversity Conservation Act 1999; and

(b) the Minister has not decided under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 to approve the taking of the action by the person for the purposes of each provision that is, for the purposes of that Act, a controlling provision for the action.

37AC Great Barrier Reef Region not to be reserved under the Environment Protection and Biodiversity Conservation Act 1999

The Governor-General must not make a Proclamation under section 344 of the Environment Protection and Biodiversity Conservation Act 1999 declaring an area in the Great Barrier Reef Region to be a Commonwealth reserve under that Act.