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 624]

                             (A)   the repealed Environmental Protection
                                   (Interim) Regulation 1995, (the repealed
                                   regulation) as in force on 1 March 1995,
                                   section 63 or 65; or
                             (B)   the repealed regulation, as in force on 28
                                   June 1996, section 65; and
                       (ii) was in force              immediately         before      the
                            commencement.
          (1A) However, this section does not apply if the activity is
               authorised under an environmental authority to which section
               619 applies.
           (2)   From the commencement, the person is, for 1 year after the
                 commencement, taken to be the registered operator for the
                 activity, and—
                 (a)   for an approval mentioned in subsection (1)(a)—the
                       approval, and any conditions of the approval, continue
                       to have effect; or
                 (b)   for an approval mentioned in subsection (1)(b)—the
                       approval ceases to have effect on the first of the
                       following to happen—
                       (i)   the person carrying out the activity changes;
                       (ii) 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);
                       (iii) a development approval for the activity takes
                             effect.
           (3)   The person must, within 1 year of the commencement, give
                 the administering authority the same details the person would
                 have to give the administering authority if the person were
                 applying for a registration certificate.
           (4)   If the person complies with subsection (3), the administering
                 authority must give the person a registration certificate.
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