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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 33

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 33

33 .         Approved policies, status and revocation of

        (1)         Subject to this section, a draft policy approved under section 31(d) has, until that approval is revoked under subsection (2) and subject to any specification under section 35(2)(b) and to section 42 of the Interpretation Act 1984 the force of law, as though it had been enacted as part of this Act, on and from the day on which the relevant order is published in the Gazette under section 41 of the Interpretation Act 1984 or such subsequent day as is specified in that order.

        (2)         The Minister may, having obtained and considered the advice of the Authority in the matter, by order revoke an approval given under section 31(d).

        (3)         An approval of a draft policy under section 31(d) and a revocation of an approved policy under subsection (2) may be contained in the same order.

        (4)         To the extent that there is an inconsistency between an approved policy and a scheme which came into operation before the approved policy was approved under section 31(d), the approved policy prevails.

        (5)         To the extent that there is an inconsistency between an approved policy and an assessed scheme which was assessed under Division 3 of Part IV after the approved policy was approved under section 31(d), that assessed scheme prevails.

        [Section 33 amended: No. 23 of 1996 s. 16.]