Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 43B

Actions which are lawful continuations of use of land etc.

  (1)   A person may take an action described in a provision of Part   3 without an approval under Part   9 for the purposes of the provision if the action is a lawful continuation of a use of land, sea or seabed that was occurring immediately before the commencement of this Act.

  (2)   However, subsection   (1) does not apply to an action if:

  (a)   before the commencement of this Act, the action was authorised by a specific environmental authorisation; and

  (b)   at the time the action is taken, the specific environmental authorisation continues to be in force.

Note:   In that case, section   43A applies instead.

  (3)   For the purposes of this section, neither of the following is a continuation of a use of land, sea or seabed:

  (a)   an enlargement, expansion or intensification of use;

  (b)   either:

  (i)   any change in the location of where the use of the land, sea or seabed is occurring; or

  (ii)   any change in the nature of the activities comprising the use;

    that results in a substantial increase in the impact of the use on the land, sea or seabed.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback