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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 619
Continuing effect of particular environmental authorities
619 Continuing effect of particular environmental authorities
(1) Subsection (2) 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 no development approval for the activity.
(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development approval for a material change of use under the repealed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repealed Integrated Planning Act 1997, schedule 8, part 1, table 2, item 1;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— (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.
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