77AAction to be taken in a particular manner

77A  Action to be taken in a particular manner

 (1) If, in deciding whether the action is a controlled action or not, the Minister has made a decision (the component decision) that a particular provision of Part 3 is not a controlling provision for the action because the Minister believes it will be taken in a particular manner, the notice, to be provided under section 77, must set out the component decision, identifying the provision and the manner.

Note: The Minister may decide that a provision of Part 3 is not a controlling provision for an action because he or she believes that the action will be taken in a manner that will ensure the action will not have (and is not likely to have) an adverse impact on the matter protected by the provision.

 (1A) For the purposes of subsection (1), it does not matter whether or not the Minister believes that the action will be taken in accordance with:

 (a) an accredited management arrangement or an accredited authorisation process for the purposes of a declaration under section 33; or

 (b) a bioregional plan to which a declaration made under section 37A relates; or

 (c) a bilaterally accredited management arrangement or a bilaterally accredited authorisation process for the purposes of a bilateral agreement.

 (2) A person must not take an action, that is the subject of a notice that includes a particular manner under subsection (1), in a way that is inconsistent with the manner specified in the notice.

 (a) for an individual—1,000 penalty units, or such lower amount as is prescribed by the regulations;

 (b) for a body corporate—10,000 penalty units, or such lower amount as is prescribed by the regulations.

Division 3—Reconsideration of decisions