MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 13 Savings, transitional and related provisions
Part 5 Transitional provisions for Environmental Protection Legislation Amendment Act 2003

[s 619]

          (2)   From the commencement—
                (a)   the authority has effect as if it were a registration
                      certificate for the activity; and
                (b)   the authority has effect as if the holder of the authority
                      were the registered operator for the activity; and
                (c)   the 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                            repealed Integrated Planning Act 1997, schedule 8,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                           material change of use under the repealed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 authority, has effect as if it were a
                      development condition of the development approval;
                      and
                (e)   if the authority is a provisional licence, or is for a level
                      2, chapter 4 activity and was granted for a stated
                      period—the authority (including as it has effect as a
                      registration certificate and as a development approval)
                      has effect only until the end of the period for which the
                      authority would have had effect if the Environmental
                      Protection Legislation Amendment Act 2003 had not
                      been enacted.
          (3)   Subsection (4) applies for an environmental authority for a
                chapter 4 activity (other than an approval mentioned in
                section 624(1)(b)), if—
                (a)   the authority is in force immediately before the
                      commencement of this section; and
                (b)   there is a development approval for the activity.
          (4)   From the commencement—
Page 532                                                  Current as at 20 February 2014