AustLII Tasmanian Consolidated Acts

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PULP MILL ASSESSMENT ACT 2007 - SECT 8

8. Effect of approval

(1) If the project is approved under section 7 –

(a) the Pulp Mill Permit comes into effect; and

(b) notwithstanding any other Act, the project may proceed on the conditions specified in the Pulp Mill Permit; and

(c) a permit, licence or other approval is taken to have been issued under the Act specified in the Pulp Mill Permit in relation to each condition and that Act applies as if such a permit, licence or other approval had been issued on the conditions set out in the Pulp Mill Permit in relation to that Act; and

(d) the person, body or State Service Agency responsible for the enforcement of each condition must enforce the condition to the extent of its powers.

(2) If the conditions require the person proposing the project to apply for such other permits, licences or other approvals as may be necessary for the project, the person proposing the project must comply with that requirement.
(3) .  .  .  .  .  .  .  .  
(4) The Pulp Mill Permit lapses if the project is not substantially commenced before the end of the period of 10 years commencing on the date on which the Pulp Mill Permit came into force.
(5) If the Pulp Mill Permit would have, but for this subsection, lapsed on and from a day (the relevant day) before this subsection commences, it is to be taken, on and from the relevant day, to have not so lapsed.
(6) The Pulp Mill Permit cannot be taken to have lapsed during the period of 10 years commencing on the date on which the Pulp Mill Permit came into force.
(7) A permit, licence or other approval –

(a) that is taken, in accordance with subsection (1)(c), to have been issued under an Act specified in the Pulp Mill Permit; and

(b) that would have, but for this subsection, lapsed under that Act on and from a date (the relevant date) before this subsection commences –

is to be taken, on and from the relevant date, to have not so lapsed.
(8) A permit, licence or other approval that is taken, in accordance with subsection (1)(c), to have been issued under an Act specified in the Pulp Mill Permit lapses when the Pulp Mill Permit lapses, if at all, under subsection (4).
(9) For the purposes of this section, lapse, in relation to the Pulp Mill Permit or a permit, licence or other approval that is taken, in accordance with subsection (1)(c), to have been issued under an Act specified in the Pulp Mill Permit, does not include –

(a) the surrender –

(i) of the Pulp Mill Permit by the holder of the Pulp Mill Permit; or

(ii) of the permit, licence or other approval by the holder of the permit, licence or other approval; or

(b) the cancellation, revocation or other termination of the permit, licence or other approval by –

(i) the Minister under section 10D; or

(ii) a person, body or State Service Agency responsible for the enforcement of a condition of the permit, licence or other approval.



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