Where a delegate decides under s 75(1) of the EPBC Act that a proposed action is not a controlled action by relying on avoidance and mitigation measures proposed by the proponent, the delegate makes a component decision under s 77A requiring those measures to be specified as particular manner conditions in the s 77 notice, and where the referral expressly identifies the action as part of a larger staged development, the delegate must consider whether s 74A is engaged before making the s 75 decision.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.