Sch 3Transitional provisions related to *Environmental Protection Act 1971*

Schedule 3 — Transitional provisions related to *Environmental Protection Act 1971* [s. 126] 1. Any order made under section 8 of the repealed Act and in force immediately before the coming into operation of this clause ceases to have effect on that coming into operation. 2. Every person holding office as an Authority member within the meaning of the repealed Act immediately before the coming into operation of this clause shall on that coming into operation be deemed to have been appointed under section 7 to be an Authority member for the remainder of the period for which he would, but for the repeal of the repealed Act, have held office as an Authority member within the meaning of the repealed Act, and may from time to time be reappointed under that section. 3. Every person appointed under section 10(2) of the repealed Act and still so appointed immediately before the coming into operation of this clause shall on that coming into operation cease to be so appointed. 4. The Minister shall under section 7 appoint one of the persons deemed by clause 2 to have been appointed under that section to be Authority members to be the Chairman of the Authority and another of those persons to be the Deputy Chairman of the Authority. 5. The Department of Conservation and Environment referred to in section 12 of the repealed Act is abolished. 6. The office of Director of Conservation and Environment referred to in section 13 of the repealed Act is abolished. 7. The Council within the meaning of the repealed Act is abolished. 8. Every Council member within the meaning of the repealed Act, every person appointed under section 18 of the repealed Act and every deputy of such a Council member appointed under section 21 of the repealed Act who holds office, or whose appointment subsists, immediately before the coming into operation of this clause ceases to hold office or his appointment terminates, as the case requires, on that coming into operation. 9. The appointment of a committee and of the members thereof under section 27 of the repealed Act subsisting immediately before the coming into operation of this clause shall terminate on that coming into operation. 10. The establishment of a committee under section 30(4) of the repealed Act subsisting immediately before the coming into operation of this clause shall terminate on that coming into operation. 11. Any person invited to act in an advisory capacity to the Authority under section 30(4) of the repealed Act and so acting immediately before the coming into operation of this clause shall on that coming into operation cease so to act. 12. Any model by‑laws published under section 30(4) of the repealed Act and in force immediately before the coming into operation of this clause shall on that coming into operation cease to be in force. 13. Any regulations made under section 30(4) of the repealed Act and in force immediately before the coming into operation of this clause shall on that coming into operation cease to be in force. 14. Any criteria established and developed under section 30(4)(j), and any standards and criteria and methods of sampling and testing specified under section 30(4)(k), of the repealed Act and subsisting immediately before the coming into operation of this clause shall on that coming into operation continue to subsist for the purposes of this Act — (a) unless inconsistent with any standards prescribed for the purposes of this Act; or (b) if not inconsistent within the meaning of paragraph (a), until abolished by the CEO. 15. A delegation made under section 31 of the repealed Act and in force immediately before the coming into operation of this clause shall on that coming into operation be deemed to have been made under section 19 and may be amended or revoked accordingly. 16. A request made under section 54(1) of the repealed Act and not complied with before the coming into operation of this clause shall be deemed on that coming into operation to be a requirement made under section 38(3). 17. A matter referred to the Minister for Conservation and Environment under section 55(1) of the repealed Act and not reported on to him by the Authority before the coming into operation of this clause shall be deemed on that coming into operation to be a proposal referred to the Authority under section 38. 18. A matter referred to the Authority under section 56(1) of the repealed Act and not reported on by the Authority to the Minister for Conservation and Environment before the coming into operation of this clause shall be deemed on that coming into operation to be a proposal referred to the Authority under section 38. 19. A requirement made under section 59(2) of the repealed Act and not complied with before the coming into operation of this clause shall be deemed on that coming into operation to be a requirement contained in a pollution abatement notice served on the person whose duty it was to comply with the first‑mentioned requirement. 20. (1) Subject to subitem (2), in any — (a) written law; (b) agreement, whether in writing or not; (c) deed or other instrument, unless the context is such that it would be incorrect or inappropriate, a reference to — (d) an Environmental Appeal Board shall be construed as a reference to an appeals committee; or (e) the Conservation and Environment Council shall be construed as a reference to the Authority; or (f) the Department shall be construed as a reference to the Authority; or (g) the Director shall be construed as a reference to the CEO; or (h) the repealed Act or to a provision thereof shall be construed as a reference to this Act or to the equivalent provision thereof, if any, as the case requires. (2) The Minister, by notice published in the *Gazette*, may determine that a reference in any written law, agreement, deed or other instrument referred to in subitem (1) to “the Department of Conservation and Environment” or “the Department” shall be construed as a reference to the Department of the Public Service of the State through which this Act is administered, and the determination shall have effect accordingly. [Schedule 3 amended: No. 54 of 2003 s. 139 and 140(2).]