Premises prescribed (Act Part V)
5 Premises prescribed (Act Part V)
The premises specified in Schedule 1 are prescribed premises for the purposes of Part V of the Act.
[Regulation 5 inserted: Gazette 13 Sep 1996 p. 4546.]
5A. Registration of Sch. 1 Part 2 premises, effect and cancellation of etc.
An occupier of premises specified in Part 2 of Schedule 1 may apply for registration of those premises under regulation 5B.
An occupier who so applies does not commit an offence under section 56 of the Act in respect of those premises while the application is pending.
If premises specified in Part 2 of Schedule 1 are registered under regulation 5B, section 56 of the Act does not apply to the occupier of those premises.
If premises specified in Schedule 1 Part 2 are registered under regulation 5B and the Chief Executive Officer is satisfied that the occupier of the premises —
has been convicted in any court of an offence —
against the Act or regulations made under the Act; and
that relates to the premises;
or
has operated, conducted, managed, or controlled the premises in a manner which is detrimental to the environment,
the Chief Executive Officer may, by notice in writing served on the occupier of the premises, cancel the registration of the premises.
If the registration of premises is cancelled under subregulation (4), the occupier of the premises may apply to the Chief Executive Officer in writing in a form approved by the Chief Executive Officer for reinstatement of the registration.
The Chief Executive Officer may reinstate the registration if the occupier satisfies the Chief Executive Officer that the occupier will not —
contravene a provision of the Act or regulations made under the Act that relate to the premises; or
operate, conduct, manage, or control the premises in a manner which is detrimental to the environment.
If the registration of the premises is reinstated under subregulation (6), section 56 of the Act does not apply to the occupier of those premises.
[Regulation 5A inserted: Gazette 13 Sep 1996 p. 4546; amended: Gazette 15 Aug 2000 p. 4711‑12.]
5B. Registration of premises, application for etc.
[(1) deleted]
An application for registration of premises is to be —
in a form approved by the Chief Executive Officer; and
made by the occupier of the premises; and
accompanied by a plan showing the boundaries of the land on which the premises are situated and the layout of the premises; and
accompanied by a fee of 24 units unless the occupier of the premises holds a licence in respect of the premises.
The Chief Executive Officer is to grant an application made under subregulation (2) and enter details of the registered premises in a register kept for that purpose.
A person who becomes the occupier of registered premises and who does not —
notify the Chief Executive Officer of that fact within 30 days of becoming the occupier; and
include with the notification a recording fee of 2 units,
commits an offence.
Penalty: $5 000.
On receipt of a notification and fee under subregulation (4), the Chief Executive Officer is to make the necessary alterations to the register.
[Regulation 5B inserted: Gazette 13 Sep 1996 p. 4546‑7; amended: Gazette 11 Dec 1998 p. 6599; 15 Aug 2000 p. 4712; 8 May 2012 p. 1893.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.