ENVIRONMENTAL PROTECTION ACT 1986 - SECT 61
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 61
61 . Duty of persons becoming occupiers of prescribed premises
(1) This section
applies when a person becomes the occupier (the new occupier ) of any
prescribed premises (the premises ).
(2) In this section,
the day on which the new occupier becomes the occupier of the premises is
referred to as the relevant day .
(3) If a works
approval or licence (the existing authorisation ) is in force in respect of
the premises on the relevant day, the new occupier must comply with the
conditions to which the existing authorisation is subject and must, within 30
days after the relevant day, apply —
(a)
under section 64 for the transfer of the existing authorisation to the new
occupier; or
(b)
under section 54 or 57 for a works approval or licence.
(4) If subsection (3)
is not complied with, the new occupier commits an offence.
(5) If the new
occupier complies with subsection (3) in respect of the premises, the new
occupier is to be regarded as having been the holder of the existing
authorisation —
(a)
during the period before applying for the transfer of the existing
authorisation or for a works approval or licence, as the case may be; and
(b)
while that application is pending.
(6) This subsection
applies if a works approval or licence is not in force in respect of the
premises on the relevant day but, within 30 days after the relevant day, the
new occupier applies under section 54 or 57 for a works approval or licence in
respect of the premises.
(7) If subsection (6)
applies, the new occupier does not commit any offence under section 53 or 56
in respect of the emission of a pollutant from the premises without a works
approval or licence while the application under section 54 or 57 is pending.
[Section 61 inserted: No. 54 of 2003 s. 79.]