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

Schedule 4   Environmental impact assessments

Part 3   Transitional, application and saving provisions

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(b) the referral has not been withdrawn under section 170C of that Act; and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).