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 623]

         (5)    The approval or approval and certificate have effect and the
                environmental authority is cancelled—
                (a)    if there is no appeal against the administering
                       authority’s decision under subsection (4)—from the day
                       after the appeal period expires; or
                (b)    if there is an appeal against the administering authority’s
                       decision under subsection (4)—from the day after the
                       appeal is finally decided or is otherwise ended.

623       Effect of commencement on level 1 approvals for
          particular environmentally relevant activities
         (1)    Subsection (2) applies to a level 1 approval, for a level 1
                chapter 4 activity that, under section 619 is taken to be a
                registration certificate.
         (2)    Section 316 does not apply to the registration certificate
                unless the administering authority gives the registered
                operator a notice stating the administering authority is
                satisfied the risk of environmental harm from carrying out the
                activity is no longer insignificant.
         (3)    In this section—
                level 1 approval means a level 1 approval immediately before
                the commencement of the Environmental Protection
                Legislation Amendment Act 2003.

624       Effect of commencement on particular approvals
         (1)    This section applies for a person who immediately before the
                commencement of this section was the operator of, and was
                carrying out, a level 2 chapter 4 activity under—
                (a)    a development approval in force immediately before the
                       commencement; or
                (b)    an approval that—
                       (i)   is mentioned in—


Current as at 20 February 2014                                                    Page 535