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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 136

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 136

136 .         Certain proceedings of Environmental Protection Authority and other things validated

        (1)         This section applies to anything done, or purportedly done, by or on behalf of the Authority before the decision date that, if this section had not been enacted, is or may be invalid on a ground of invalidity.

        (2)         The things to which this section applies are to be taken to be, and to have always been, valid and effective to the same extent as they would have been if they had not been invalidated by a ground of invalidity.

        (3)         The rights, obligations and liabilities of all persons are to be taken to be, and to have always been, the same as if the things to which this section applies had been validly done.

        (4)         Anything done, or purportedly done, before the Environmental Protection Amendment (Validation) Act 2014 section 4 comes into operation as a result or consequence of, or in reliance on or in relation to, a thing to which this section applies (a validated thing ) is as valid and effective, and is to be taken to have always been as valid and effective, as it would have been if the validated thing had been valid at the time the other thing was done or purportedly done.

        (5)         This section is subject to section 137.

        [Section 136 inserted: No. 27 of 2014 s. 4.]