Section 146DL — Environment Protection and Biodiversity Conservation Act 1999: Effect of actual decisions on decisions the Minister is taken to have made

Decisions taken to have been made under Division 2 of Part 7 (1) If: (a) the Minister, under section 146DJ, varies an approval under section 146B; and (b) the effect of the variation is to vary an action, or vary a class of actions, that may be taken in accordance with the endorsed policy, plan or program; then, at the time the variation of the approval takes effect, the Minister is taken to have decided under Division 2 of Part 7 that: (c) the action as varied, or each action in the class of actions as varied, is a controlled action; and (d) each provision of Part 3 specified in the approval under paragraph 146B(2)(c) is a controlling provision for each such controlled action. (2) If: (a) the Minister, under section 146DJ, varies an approval under section 146B; and (b) the variation specifies another action, or another class of actions, that may be taken in accordance with the endorsed policy, plan or program; then, at the time the variation of the approval takes effect, the Minister is taken to have decided under Division 2 of Part 7 that: (c) the action, or each action in the class of actions, is a controlled action; and (d) each provision of Part 3 specified in the approval under paragraph 146B(2)(c) is a controlling provision for each such controlled action. Approval taken to have been given under Part 9 (3) The following things done in relation to an approval under section 146B are also taken to have been done in relation to the approval that is taken to have been given under Part 9 because of paragraph 146D(1)(b): (a) a thing done under section 134 or Division 3 or 4 of Part 9 (as applied by Subdivision B); (b) a variation under section 146DJ or 146DK.