WAIn ForceAct
Environmental Protection Act 1986
12The *Environmental Protection Amendment Act 2003* s. 97(4) and (5) read as follows:
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12 The *Environmental Protection Amendment Act 2003* s. 97(4) and (5) read as follows:
(4) The amendments to approved policies effected by this section have effect as though the provisions were enacted as part of the *Environmental Protection Act 1986* on and from the day on which this section comes into operation.
(5) Nothing in this section affects the operation of the *Environmental Protection Act 1986* with respect to amendments to the approved policies as amended by this section and revocation of approval of the approved policies as amended by this section.
13 The *Environmental Protection Amendment Act 2003* s. 110(2)‑(4) are transitional provisions that are of no further effect.
14 The *Environmental Protection Amendment Act 2003* s. 111(2)‑(5) (as amended by the *Statutes (Repeals and Miscellaneous Amendments) Act 2009* s. 54(2) and (3)) read as follows:
(2) In subsections (3) to (5) —
CEO has the same meaning as it has in the EP Act;
EP Act means the *Environmental Protection Act 1986* as amended by this Act;
transitional period means the period beginning on 26 June 2002 and ending on the day before the day on which this section comes into operation;
unlawful clearing means anything within the meaning of clearing in Part V Division 2 of the EP Act that —
(a) constituted, at the time when the thing was done, a contravention of —
(i) section 28 or 35 of the *Soil and Land Conservation Act 1945*;
(ii) the *Soil and Land Conservation (Clearing Control) Regulations 1991* or regulation 4 or 5 of the *Soil and Land Conservation Regulations 1992*;
(iii) section 109, 110, 111 or 267(2)(c) or (f) of the *Land Administration Act 1997*; or
(iv) section 12B of the *Country Areas Water Supply Act 1947*;
or
(b) would have constituted a contravention of section 41A of the EP Act if that section had been inserted into the EP Act before the thing was done,
but does not include clearing of a kind set out in Schedule 6 to the EP Act.
(3) If the CEO suspects on reasonable grounds that unlawful clearing has taken place on any land during the transitional period, the CEO may cause a notice to be given under this subsection in respect of the land.
(5) Sections 70(3) to (11) and 74A, Part VA and sections 89 and 103 of the EP Act apply in relation to a notice given under subsection (3) as if it were a vegetation conservation notice given under section 70(2)(b) of the EP Act.
[Section 111 amended: No. 8 of 2009 s. 54(2) and (3).]