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 620]

                (a)    the development approval continues to have effect; and
                (b)    the authority has effect as if it were a registration
                       certificate for the activity; and
                (c)    the authority has effect as if the holder of the authority
                       were the registered operator for the activity; and
                (d)    any condition of the authority, has effect as if it were a
                       development condition of the development approval.

620       Additional ground for changing or cancelling
          development conditions
         (1)    This section applies to a condition of an environmental
                authority given continuing effect under section 619(2)(d) or
                (4)(d).
         (2)    The administering authority for the environmental authority
                may change or cancel the condition 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 619, can
                       accurately and reliably identify the conditions of the
                       development approval; or
                (c)    the conditions are otherwise unclear, uncertain or
                       contradictory.
         (3)    However, the administering must not act under subsection (2)
                if the change to or cancellation of the condition adversely
                affects the interests of the registered operator for the activity.
         (4)    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 section 619 commenced.
         (5)    If the administering authority changes or cancels a condition,
                it must within 10 business days—


Current as at 20 February 2014                                                    Page 533