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MCU14/0028 Appendix 2 EnvProtAct 1994

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Environmental Protection Act 1994
Chapter 13 Savings, transitional and related provisions
Part 2 Transitional provisions for Environmental Protection and Other Legislation
Amendment Act 2000
[s 616ZA]

               (b)    the environmental authority has effect as if the holder of
                      the authority were the registered operator for the
                      activity; and
               (c)    the environmental authority has effect as if it were—
                      (i)    if the activity would, after the commencement, be a
                             mobile and temporary activity—a development
                             approval for a material change of use under the
                             repealed Integrated Planning Act 1997, schedule 8,
                             part 1, table 5, item 3; or
                      (ii) in any other case—a development approval for a
                           material change of use under the repealed
                           Integrated Planning Act 1997, schedule 8, part 1,
                           table 2, item 1; and
               (d)    any condition of the environmental authority has effect
                      as if it were a development condition of the development
                      approval.
         (2)   The conditions of the environmental authority are taken to
               include any condition that the administering authority is,
               under section 73B(2), required to impose under a regulatory
               requirement had it been deciding a development application
               for the chapter 4 activity at the commencement.
         (3)   This section stops applying if the environmental authority
               ends under section 616ZB.

616ZA Additional ground for changing or cancelling
      development conditions
         (1)   The administering authority may change or cancel a condition
               of the environmental authority if—
               (a)    the change or cancellation is necessary because the
                      condition is no longer appropriate as a development
                      condition of a development approval for the activity; or
               (b)    the condition needs to be changed or cancelled so that
                      the administering authority, in applying section 616Z,
Page 526                                                   Current as at 20 February 2014
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