Section 146BA — Environment Protection and Biodiversity Conservation Act 1999: Exclusion of certain actions

Despite anything in an approval under section 146B, the approval does not apply in relation to an action if: (a) an approval of the taking of the action is in operation under Part 9; or (b) there is in force a decision of the Minister under Division 2 of Part 7 that the action is not a controlled action and, if the decision was made because the Minister believed the action would be taken in a particular manner, the action is being taken in that manner; or (c) Part 4 lets the person who is taking the action take the action without an approval under Part 9; or (d) a national interest exemption that allows the action to be taken without an approval is in force; or (e) the action was referred to the Minister under section 68, 69 or 71 before the approval came into force and, immediately before the approval was granted: (i) the Minister has not yet decided under section 75 whether the action is a controlled action; or (ii) the Minister has not decided whether to approve the taking of the action under section 133; or (f) the taking of the action commenced before the approval was granted.