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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 616ZB]

                     can accurately and reliably identify the conditions of the
                     development approval; or
              (c)    the conditions are otherwise unclear, uncertain or
                     contradictory.
        (2)   However, the administering authority must not act under
              subsection (1) if the change or cancellation adversely affects
              the interests of the registered operator for the activity.
        (3)   If the condition is changed it must in substance reflect the
              intent of the condition as included in the environmental
              authority as it existed before the commencement.
        (4)   If the administering authority changes or cancels a condition,
              it must within 10 business days—
              (a)    record the particulars of the change or cancellation in
                     the appropriate register; and
              (b)    give the registered operator—
                     (i)    a copy of the development conditions as applying
                            after the change or cancellation; and
                     (ii) a registration certificate.
        (5)   In this section—
              condition, of the environmental authority, does not include
              any condition taken to be included under section 616Z(2).

616ZB End of environmental authority
              An environmental authority for a chapter 4 activity under this
              subdivision ends if any of the following happens—
              (a)    the person carrying out the activity changes;
              (b)    there is a material change of use of premises for the
                     activity, as defined under the Planning Act, section
                     10(1), definition material change of use, paragraph (a)
                     or (b);



Current as at 20 February 2014                                                   Page 527
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