SCHEDULE 6 - Transitional and Miscellaneous Provisions

Section 107

1.    Interpretation

In this Schedule –

commencement day means the day on which Division 1 of Part 2 commences;

scheduled premises has the same meaning as in the repealed Act ;

undetermined application means an application which has not been determined under the repealed Act immediately before the commencement day.

2.    Permits

Where a planning approval was granted under the Local Government Act 1962 and was in force immediately before the commencement of the first of the provisions of this Act to commence, a permit under the Land Use Planning and Approvals Act 1993 is, on that commencement, taken to have been granted on the terms and conditions (if any) specified in the approval.

3.    Registrations and licences

(1) Where immediately before the commencement day scheduled premises were licensed, or a person was registered in respect of scheduled premises, under the repealed Act , a permit under the Land Use Planning and Approvals Act 1993 is, on that day, taken to have been granted in respect of the scheduled premises on the terms and conditions (if any) specified in the registration or licence, and subject to any environmental management plan incorporated, or referred to, in the registration or licence.

(2) For the purposes of this Act the anniversary of a permit referred to in subsection (1) is to be the anniversary of the licence or registration.

(3) If there is an inconsistency between a condition taken to have been continued in a permit pursuant to subclause (1) and any other condition of the permit, the first-mentioned condition prevails.

(4) A reference to the Director of Environmental Control in a condition taken to have been continued in a permit pursuant to subclause (1) is taken to be –

(a) in the case of a level 2 activity or premises which were declared to be scheduled premises under section 22A of the repealed Act , a reference to the Director, Environmental Protection Authority; and

(b) in any other case, a reference to the relevant council.

4.    Enforcement of terms and conditions of registrations and licences

(1) On and after the commencement day, the terms and conditions of a permit referred to in clause 3 (1) may be enforced as if the terms and conditions were included in the permit under this Act.

(2) The powers conferred by this Act on a council cannot be exercised by that council in respect of an activity the subject of a permit referred to in clause 3 (1) where that activity is a level 2 activity.

5.    Ministerial exemptions

(1) Where under the repealed Act the Minister has exempted any person from the operation of a section of that Act, and that exemption is in force immediately before the commencement of Division 7 of Part 3 of this Act, an environmental improvement programme is, on that commencement, taken to have been approved by the Board under this Act on the terms and conditions of any proposal in relation to which the Minister is satisfied as referred to in section 17A (3) of the repealed Act .

(2) Where a proposal under section 17A (1) of the repealed Act has not been submitted to the Minister, or where the Minister is not satisfied as referred to in section 17A (3) of the repealed Act , before the commencement of Division 7 of Part 3 of this Act, a person who has been exempted by the Minister from the operation of a section of the repealed Act must, within 3 months after the commencement of Division 7 of Part 3 of this Act, provide the Board with a draft environmental improvement programme in accordance with section 39 .

6.    Programmes relating to environmental management

Where a programme relating to the environmental management of scheduled premises has been approved by the Director of Environmental Control under the repealed Act and is in force immediately before the commencement of Division 7 of Part 3 of this Act, an environmental improvement programme is, subject to the consent of the operator of the premises, taken to have been approved by the Board under this Act on the commencement of this provision on the terms and conditions of the programme approved by the Director of Environmental Control.

7.    Waste transport licences

On and after the commencement day, a licence to transport waste issued to a person under the repealed Act and in force immediately before that day is taken to be an environment protection notice, containing the terms and conditions specified in the licence, served on that person under this Act.

8.    Regulations

The regulations made under the repealed Act and in force immediately before the commencement day –

(a) continue, on and after that day, to be in force as if they were made under this Act unless they are inconsistent with a State Policy or an environment protection policy; and

(b) are, on and after that day, taken to have been made for the purposes of this Act; and

(c) may, after that day, be altered or rescinded under this Act.

9.    Authorized officers

A person, other than an employee of a council, holding office as an authorized officer under the repealed Act immediately before the commencement day is, on that day, taken to be appointed as an authorized officer under this Act.

10.    Council officers

An employee of a council holding office as an authorized officer under the repealed Act immediately before the commencement day is, on that day, taken to be appointed as a council officer under this Act.

11.    Delegations

A delegation by the Director of Environmental Control under the repealed Act and in force immediately before the commencement day is, on and after that day, taken to be a delegation by the Board under this Act.

12.    Environment Protection Advisory Council

(1) The Environment Protection Advisory Council as constituted by the repealed Act immediately before the commencement day is, on and after that day, taken to be a committee established by the Board under this Act.

(2) Any committee appointed by the Environment Protection Advisory Council under the repealed Act and in existence immediately before the commencement day is, on and after that day, taken to be a sub-committee of the committee referred to in subclause (1) .

13.    Notice to reduce or eliminate pollution or noise

A notice to reduce or eliminate pollution or noise served on a person and in force immediately before the commencement day is, on and after that day, taken to be an environment protection notice issued and served on that person and subject to the terms and conditions specified in the first-mentioned notice.

14.    Rehabilitation of land and vegetation

(1) Where immediately before the commencement day a person is under an obligation under section 20 (2) of the repealed Act to comply with conditions attached to a licence issued under that Act, an environment protection notice containing the conditions attached to the licence is, on that day, taken to have been issued and served on the person.

(2) The environment protection notice referred to in subclause (1) has effect for a period of 2 years after the relevant operation has ceased or for such period as is necessary to ensure that the relevant land is as free from erosion as is practicable and rehabilitation of the land is completed, whichever period is the shorter.

(3) A notice in force under section 20 (3) of the repealed Act immediately before the commencement day is, on and after that day, taken to be an environment protection notice issued and served on the person on whom the first-mentioned notice was served and is subject to the directions specified in that notice.

15.    Licences

On and after the commencement day, an undetermined application for a licence in respect of scheduled premises is to be dealt with as if this Act had not been enacted.

16.    Approval in change of operation of scheduled premises

On and after the commencement day, an undetermined application for the approval of the Director of Environmental Control to a change in the operation of scheduled premises is to be dealt with as if this Act had not been enacted.

17.    Transfer of licences

On and after the commencement day, an undetermined application for a transfer of a licence is to be dealt with as if this Act had not been enacted.

18.    Other applications

On and after the commencement day, an undetermined application in respect of any matter not referred to in clause 15 , 16 or 17 is to be dealt with as if this Act had not been enacted.

19.    Fees

On and after the commencement day, section 30 of the repealed Act applies as if that Act had not been repealed to a licence granted as a result of an application referred to in clause 15 .

20.    Crown premises

Where under section 34 of the repealed Act an officer has been nominated to apply for and hold a licence in respect of scheduled premises and that nomination is in force immediately before the commencement day, that officer is, on and after that day, taken to be the person to whom a permit is granted in respect of those premises.

21.    Level 2 activities which are not scheduled premises under repealed Act

Where immediately before the commencement day a person is undertaking a level 2 activity which was not a scheduled premises under the repealed Act , that person may, on and after that day, continue to undertake that activity until an environment protection notice is issued and served on that person under this Act.

22.    Appeals

(1) Where on or after the commencement day an undetermined application is dealt with as if this Act had not been enacted, a person may appeal under the repealed Act against the determination of that application as if this Act had not been enacted.

(2) An appeal instituted under the repealed Act and not finally decided by the Appeal Tribunal before the commencement day is to be dealt with as if this Act had not been enacted.

(3) Where a person had a right to appeal under the repealed Act and did not institute an appeal within the 14 day period specified in the repealed Act , that person may, within 14 days from the commencement day, institute an appeal as if this Act had not been enacted.

(4) Where a right to appeal exists under the repealed Act and an application to extend the time in which to institute an appeal under that Act is made within 6 months after the commencement day, any appeal instituted as a result of that application being granted is to be dealt with as if this Act had not been enacted.

23.    Analysts

(1) A person holding office as an analyst under the repealed Act immediately before the commencement day is, on that day, taken to be appointed as an analyst under this Act.

(2) A certificate of analysis given by an analyst under the repealed Act and in force immediately before the commencement day is, on and after that day, taken to be a certificate executed by a person appointed as an analyst under this Act.

24.    Work to be done

Any work ordered or required to be done under the repealed Act before the commencement day but not commenced or completed before that day is, on and after that day, to be commenced or completed in accordance with the order or requirement.

25.    Permissions, approvals and consent

Any permission, approval and consent given under the repealed Act and in force before the commencement day continues, on and after that day, to be in force until withdrawn, expired or revoked.

26.    Property and rights

On the commencement day, the rights of the Director of Environmental Control vest in the Board and the liabilities and obligations of the Director of Environmental Control become the liabilities and obligations of the Board.

27.    Contracts and agreements

On and after the commencement day, any contract or agreement entered into by the Director of Environmental Control and in force immediately before that day is taken to be a contract or agreement entered into by the Board.

28.    Legal proceedings, &c.

(1) On and after the commencement day, legal proceedings instituted by or against the Director of Environmental Control before, and pending immediately before, the commencement day may be continued by or against the Board.

(2) Any legal or other proceedings which may, before the commencement day, have been instituted or continued by or against the Director of Environmental Control may, on and after that day, be instituted or continued by or against the Board.

(3) On and after the commencement day, a judgment or order of a court obtained in legal proceedings by or against the Director of Environmental Control may be enforced by or against the Board.

29.    References to Director of Environmental Control

On and after the commencement day –

(a) except as provided in clause 3 (4) , a reference to the Director of Environmental Control in any law, instrument or document is taken to be a reference to the Board or to the chairperson of the Board, as the case may require; and

(b) a document addressed to and purporting to be served on the Director of Environmental Control is taken to be served on the Board.

30.    Acts, &c., done by or to Director of Environmental Control

All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Director of Environmental Control before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Board.

31.    References to Environment Protection Act 1973

On and after the commencement day –

(a) a reference in any Act to any section, Division, Part or Schedule of the repealed Act is taken to be a reference to the equivalent provision, if any, in the Environmental Management and Pollution Control Act 1994 ; and

(b) a reference in any law, instrument or document to the Environment Protection Act 1973 is taken to be a reference to the Environmental Management and Pollution Control Act 1994 .