(1)

A subsection of section 18 or 18A relating to a listed threatened species does not apply to an action if an approval of the taking of the action by the person is in operation under Part 9 for the purposes of any subsection of that section that relates to a listed threatened species.

(2)

A subsection of section 18 or 18A relating to a listed threatened ecological community does not apply to an action if an approval of the taking of the action by the person is in operation under Part 9 for the purposes of either subsection of that section that relates to a listed threatened ecological community.

(3)

A subsection of section 18 or 18A does not apply to an action if:

(a)

Part 4 lets the person take the action without an approval under Part 9 for the purposes of the subsection; or

(b)

there is in force a decision of the Minister under Division 2 of Part 7 that the subsection is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(c)

the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Subdivision D—Listed migratory species