Section 146D — Environment Protection and Biodiversity Conservation Act 1999: Effect of approval of taking of actions in accordance with endorsed policy, plan or program

(1) Subject to section 146DL, if an approval under section 146B is in force, the following provisions have effect: (a) the Minister is taken to have decided under Division 2 of Part 7 that: (i) each action specified in the approval under paragraph 146B(2)(b), or each action in a class of actions specified in the approval under that paragraph, is a controlled action; and (ii) each provision of Part 3 specified in the approval under paragraph 146B(2)(c) is a controlling provision for each such controlled action; (b) the Minister is taken to have approved under Part 9, for the purposes of each controlling provision for each controlled action, the taking of the action by any of the following: (i) the person or persons (if any) specified in the approval under subsection 146B(2A) as the person or persons who may take the action; (ia) if subparagraph (i) does not apply to the holder of the approval—the holder of the approval; (ii) any other person who may take the action in accordance with the endorsed policy, plan or program. (2) Parts 7 and 8 and paragraph 170A(c) do not apply in relation to an action if an approval of the taking of the action, or an approval of the taking of a class of actions that includes the action, in accordance with an endorsed policy, plan or program is in force under section 146B. (3) Subsection (2) does not apply in relation to an action in respect of which a determination is in force under section 146N (action that is a component of a larger action) or 146P (exclusion determination).