Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 43B

             (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.