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ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 53 - SECT 91 91 Amendment of s 624 (Effect of commencement on particular approvals)

ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 53 - SECT 91

91 Amendment of s 624 (Effect of commencement on particular approvals)

(1) Section 624(1)--

omit, insert--

'(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--
(ii) was in force immediately before the commencement.15

'(1A) However, this section does not apply if the activity is authorised under an environmental authority to which section 619 applies.'.

(2) Section 624(2)(b)--

omit, insert--

'(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 Integrated Planning Act, section 1.3.5, definition material change of use, paragraph (a) or (b);
(iii) a development approval for the activity takes effect.'.

(3) Section 624--

insert--

'(5) To remove any doubt, it is declared that the registration certificate does not limit or otherwise affect subsection (2)(a) or (b).'.