134Conditions of approval

134  Conditions of approval Condition to inform persons taking action of conditions attached to approval  (1A) An approval of the taking of an action by a person (the first person) is subject to the condition that, if the first person authorises, permits or requests another person to undertake any part of the action, the first person must take all reasonable steps to ensure:  (a) that the other person is informed of any condition attached to the approval that restricts or regulates the way in which that part of the action may be taken; and  (b) that the other person complies with any such condition. For the purposes of this Chapter, the condition imposed by this subsection is attached to the approval. Generally  (1) The Minister may attach a condition to the approval of the action if he or she is satisfied that the condition is necessary or convenient for:  (a) protecting a matter protected by a provision of Part 3 for which the approval has effect (whether or not the protection is protection from the action); or  (b) repairing or mitigating damage to a matter protected by a provision of Part 3 for which the approval has effect (whether or not the damage has been, will be or is likely to be caused by the action). Conditions to protect matters from the approved action  (2) The Minister may attach a condition to the approval of the action if he or she is satisfied that the condition is necessary or convenient for:  (a) protecting from the action any matter protected by a provision of Part 3 for which the approval has effect; or  (b) repairing or mitigating damage that may or will be, or has been, caused by the action to any matter protected by a provision of Part 3 for which the approval has effect. This subsection does not limit subsection (1). Examples of kinds of conditions that may be attached  (3) The conditions that may be attached to an approval include:  (aa) conditions requiring specified activities to be undertaken for:  (i) protecting a matter protected by a provision of Part 3 for which the approval has effect (whether or not the protection is protection from the action); or  (ii) repairing or mitigating damage to a matter protected by a provision of Part 3 for which the approval has effect (whether or not the damage may or will be, or has been, caused by the action); and  (ab) conditions requiring a specified financial contribution to be made to a person for the purpose of supporting activities of a kind mentioned in paragraph (aa); and  (a) conditions relating to any security to be given by the holder of the approval by bond, guarantee or cash deposit:  (i) to comply with this Act and the regulations; and  (ii) not to contravene a condition attached to the approval; and  (iii) to meet any liability of a person whose taking of the action is approved to the Commonwealth for measures taken by the Commonwealth under section 499 (which lets the Commonwealth repair and mitigate damage caused by a contravention of this Act) in relation to the action; and  (b) conditions requiring the holder of the approval to insure against any specified liability of the holder to the Commonwealth for measures taken by the Commonwealth under section 499 in relation to the approved action; and  (c) conditions requiring a person taking the action to comply with conditions specified in an instrument (including any kind of authorisation) made or granted under a law of a State or self‑governing Territory or another law of the Commonwealth; and  (d) conditions requiring an environmental audit of the action to be carried out periodically by a person who can be regarded as being independent from any person whose taking of the action is approved; and  (e) if an election has been made, or is taken to have been made, under section 132B in respect of the approval—conditions requiring:  (i) an action management plan to be submitted to the Minister for approval, accompanied by the fee (if any) prescribed by the regulations; and  (ii) implementation of the plan so approved; and  (f) conditions requiring specified environmental monitoring or testing to be carried out; and  (g) conditions requiring compliance with a specified industry standard or code of practice; and  (h) conditions relating to any alternative proposals in relation to the taking of the action covered by the approval (as permitted by subsection 133(1A)). This subsection does not limit the kinds of conditions that may be attached to an approval. Note: Paragraph (e)—an election is taken to have been made if an approval is varied to add a condition requiring an action management plan, see subsection 143(1A). Certain conditions require consent of holder of approval  (3A) The following kinds of condition cannot be attached to the approval of an action unless the holder of the approval has consented to the attachment of the condition:  (a) a condition referred to in paragraph (3)(aa), if the activities specified in the condition are not reasonably related to the action;  (b) a condition referred to in paragraph (3)(ab).  (3B) If the holder of the approval has given consent, for the purposes of subsection (3A), to the attachment of a condition:  (a) the holder cannot withdraw that consent after the condition has been attached to the approval; and  (b) any person to whom the approval is later transferred under section 145B is taken to have consented to the attachment of the condition, and cannot withdraw that consent. Conditions attached under paragraph (3)(c)  (3C) A condition attached to an approval under paragraph (3)(c) may require a person taking the action to comply with conditions specified in an instrument of a kind referred to in that paragraph:  (a) as in force at a particular time; or  (b) as is in force or existing from time to time; even if the instrument does not yet exist at the time the approval takes effect. Conditions attached under paragraph (3)(e)  (3D) When making a decision whether to approve an action management plan, if the Minister believes on reasonable grounds that the Minister does not have enough information to make a decision, the Minister may request the holder of the approval to provide specified information relevant to making the decision. Considerations in deciding on condition  (4) In deciding whether to attach a condition to an approval, the Minister must consider:  (a) any relevant conditions that have been imposed, or the Minister considers are likely to be imposed, under a law of a State or self‑governing Territory or another law of the Commonwealth on the taking of the action; and  (aa) information provided by the person proposing to take the action or by the designated proponent of the action; and  (b) the desirability of ensuring as far as practicable that the condition is a cost‑effective means for the Commonwealth and a person taking the action to achieve the object of the condition. Effect of conditions requiring compliance with conditions specified in another instrument  (4A) If:  (a) a condition (the principal condition) attached to an approval under paragraph (3)(c) requires a person taking the action to comply with conditions (the other conditions) specified in an instrument of a kind referred to in that paragraph; and  (b) the other conditions are in excess of the power conferred by subsection (1); the principal condition is taken to require the person to comply with the other conditions only to the extent that they are not in excess of that power. Validity of decision  (5) A failure to consider information as required by paragraph (4)(aa) does not invalidate a decision about attaching a condition to the approval.