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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 624
Effect of commencement on particular approvals
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— (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repealed Environmental Protection (Interim) Regulation 1995, (the
"repealed regulation" ) as in force on 1 March 1995, section 63 or 65; or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the repealed regulation, as in force on 28 June 1996, section 65; and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, schedule 2, 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.
(5) To remove any doubt, it is declared that the registration certificate does
not limit or otherwise affect subsection (2)(a) or (b).
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