Guidance Note 1 - Listings made after a section 75 'Controlled Action' decision: Section 158A of the EPBC Act
About the guidance note
This Guidance Note is intended for use by staff of the Department of Sustainability, Environment, Water, Population and Communities. It should not be relied upon by any other person. This Guidance Note does not represent legal or professional advice. The policies and procedures included in this Guidance Note are intended to serve as guidance only and should be applied consistently with the requirements of the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) (EPBC Act) and the Environment Protection and Biodiversity Conservation Regulations 2000(Cwlth) (EPBC Regulations). To the extent of any inconsistency, the EPBC Act and EPBC Regulations will prevail over this Guidance Note. If Departmental officers consider that this Guidance Note may be inconsistent with the EPBC Act or the EPBC Regulations, please contact the Legislation Policy Section. This guidance note may be subject to change at any time.
This Guidance Note outlines the effect of new and amended listings and declarations on assessment and approval decisions under the EPBC Act, after a referral has been received under the EPBC Act and a section 75 decision (a decision on whether or not an action is a controlled action) has been made.