43AActions with prior authorisation

43A  Actions with prior authorisation

 (1) A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:

 (a) the action consists of a use of land, sea or seabed; and

 (b) the action was specifically authorised under a law of the Commonwealth, a State or a self-governing Territory before the commencement of this Act; and

 (c) immediately before the commencement of this Act, no further environmental authorisation was necessary to allow the action to be taken lawfully.

 (2) In this section:

environmental authorisation means an authorisation under a law of the Commonwealth, a State or a self-governing Territory that has either or both of the following objects (whether express or implied):

 (a) to protect the environment;

 (b) to promote the conservation and ecologically sustainable use of natural resources.