Environmental Protection Act 1994

This section applies for a person who immediately before the commencement of this section was the operator of, and was carrying out, a level 2 chapter 4 activity under—

a development approval in force immediately before the commencement; or

an approval that—

is mentioned in—

the repealed Environmental Protection (Interim) Regulation 1995, (the repealed regulation) as in force on 1 March 1995, section 63 or 65; or

the repealed regulation, as in force on 28 June 1996, section 65; and

was in force immediately before the commencement.

However, this section does not apply if the activity is authorised under an environmental authority to which section 619 applies.

From the commencement, the person is, for 1 year after the commencement, taken to be the registered operator for the activity, and—

for an approval mentioned in subsection (1)(a)—the approval, and any conditions of the approval, continue to have effect; or

for an approval mentioned in subsection (1)(b)—the approval ceases to have effect on the first of the following to happen—

the person carrying out the activity changes;

there is a material change of use of premises for the activity, as defined under the Planning Act, schedule 2, definition material change of use, paragraph (a) or (b);

a development approval for the activity takes effect.

The person must, within 1 year of the commencement, give the administering authority the same details the person would have to give the administering authority if the person were applying for a registration certificate.

If the person complies with subsection (3), the administering authority must give the person a registration certificate.

To remove any doubt, it is declared that the registration certificate does not limit or otherwise affect subsection (2)(a) or (b).