Sch 4Transitional provisions not related to *Environmental Protection Act 1971*

Schedule 4 — Transitional provisions not related to *Environmental Protection Act 1971* [s. 127] 1. If an occupier of premises has, before the coming into operation of this clause, commenced work in respect of which a works approval would have been required by virtue of section 52 or 53, had that section then been in operation, and not completed that work immediately before that coming into operation, that occupier may, notwithstanding that section, complete that work if that occupier — (a) notifies the CEO of that work within 14 days of that coming into operation; and (b) if required to do so by the CEO by notice in writing served on that occupier, supplies to the CEO such plans, specifications and other information as are specified in that notice within such period as is so specified. 2. The Air Pollution Advisory Committee established under section 7 of the *Clean Air Act 1964* 2 is abolished. 3. A person whose services were immediately before the coming into operation of this clause co‑opted under section 22(2) of the *Clean Air Act 1964* 2 shall be deemed on that coming into operation to be a person whose services are made use of under section 24(a). 4. An inspector appointed under section 22(3) of the *Clean Air Act 1964* 2 and holding office as such immediately before the coming into operation of this clause shall on that coming into operation be deemed to have been appointed to be an inspector under section 88. 5. A person who has applied for a licence or a renewal or transfer thereof under section 24 of the *Clean Air Act 1964* 2 and whose application is awaiting determination immediately before the coming into operation of this clause shall be deemed on that coming into operation to have applied under section 59 for, or for the renewal or transfer of, a licence of the same kind as the first‑mentioned licence. 6. A person who is immediately before the coming into operation of this clause the holder of a licence under the *Clean Air Act 1964* 2 shall on that coming into operation be deemed to be the holder of a licence under Part V — (a) of the same kind as the first‑mentioned licence; and (b) valid for the remainder of the period for which the first‑mentioned licence would have been valid had the *Clean Air Act 1964* 2 not been repealed; and (c) subject to the same conditions as those to which the first‑mentioned licence was subject. 7. An exemption granted under section 33 of the *Clean Air Act 1964* 2 and in force immediately before the coming into operation of this clause shall on that coming into operation be deemed to be an exemption granted under section 6. 8. If the occupier of any premises has, before the coming into operation of this clause, applied for approval under section 34 of the *Clean Air Act 1964* 2 in respect of any works on those premises, in respect of which works a works approval would have been required by virtue of section 52 or 53, had that section then been in operation, and that application has not, immediately before that coming into operation, been granted or refused, that application shall be deemed to be an application for a works approval under section 54 and shall be dealt with accordingly. 9. A direction given under section 27A(4) 5 of the *Rights in Water and Irrigation Act 1914* and not complied with before the coming into operation of this clause shall, notwithstanding that coming into operation, continue in operation until complied with as if Part IIIA of that Act had not been repealed. 10. A notice in writing given under section 27AA(1) 5 of the *Rights in Water and Irrigation Act 1914* and not complied with or cancelled before the coming into operation of this clause shall, notwithstanding that coming into operation, continue in operation until complied with or cancelled as if Part IIIA of that Act had not been repealed. 11. An application for a disposal licence under section 27B of the *Rights in Water and Irrigation Act 1914* made before the coming into operation of this clause and not granted or refused before that coming into operation shall be deemed on that coming into operation — (a) if that application is for a disposal licence in respect of works or premises, to be an application for a works approval; or (b) if that application is for a disposal licence in respect of the discharge of waste from premises, to be an application for a licence, and shall be dealt with accordingly under this Act. 12. If the occupier of any premises has, before the coming into operation of this clause, been granted — (a) an approval under section 34 of the *Clean Air Act 1964* 2; or (b) a disposal licence under section 27B of the *Rights in Water and Irrigation Act 1914*, in respect of any works on those premises, in respect of which works a works approval would have been required by virtue of section 52 or 53, had that section then been in operation, and those works have not, immediately before that coming into operation, been commenced, that approval or disposal licence shall be deemed to be a works approval granted to that occupier in respect of those works and subject to the same conditions, if any, as the conditions to which that approval or disposal licence was subject. 13. The occupier of any premises in respect of the discharge of waste from which — (a) immediately before the coming into operation of this clause that occupier should have been, but was not, the holder of — (i) an approval under section 34, or a permit under section 39B, of the *Clean Air Act 1964* 2; or (ii) a disposal licence under section 27B of the *Rights in Water and Irrigation Act 1914*; and (b) on the coming into operation of this clause that occupier should be a licensee, shall within the period of 3 months after the coming into operation of this clause apply for a licence under section 57 and does not commit — (c) within that period; and (d) if he makes such an application within the period referred to in paragraph (a), while that application is awaiting determination, any offence under section 61. 14. If immediately before the coming into operation of this clause — (a) a permit granted under section 39B of the *Clean Air Act 1964* 2; or (b) a disposal licence granted under section 27B of the *Rights in Water and Irrigation Act 1914*, in respect of the discharge of waste was in force, that permit or disposal licence shall be deemed to be a licence granted under this Act in respect of that discharge and may be amended or revoked by the CEO accordingly, and any fee payable under that Act in respect of that permit or disposal licence shall continue to be payable in respect of the licence deemed to be granted under this Act in respect of that discharge while that licence subsists. 15. A declaration made under section 27G 5 of the *Rights in Water and Irrigation Act 1914* and in force immediately before the coming into operation of this clause shall be deemed on that coming into operation to be an exemption granted under section 6 in respect of the subject matter of that declaration. 16. Any regulations made under Part IIIA 5 of the *Rights in Water and Irrigation Act 1914* and in force immediately before the coming into operation of this clause shall be deemed on that coming into operation to have been made under this Act and may be repealed or amended accordingly. 17. A notice served under section 41 of the *Clean Air Act 1964* 2 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 90 or 95, as the case requires. 18. A prohibition made by Order in Council under section 43 of the *Clean Air Act 1964* 2 and in force immediately before the coming into operation of this clause shall continue in force notwithstanding that coming into operation as if that Act had not been repealed. 19. An appeal pending under section 45 of the *Clean Air Act 1964* 2 immediately before the coming into operation of this clause shall notwithstanding that coming into operation be dealt with and finally determined as if that Act had not been repealed. 20. Any regulations made under section 53 of the *Clean Air Act 1964* 2 and in force immediately before the coming into operation of this clause shall be deemed on that coming into operation to be regulations made under section 123. 21. If, immediately before the coming into operation of this clause, an exemption granted under section 6 of the *Noise Abatement Act 1972* 6 in respect of the emission of noise was in force, that exemption shall be deemed to be an exemption granted under section 6 in respect of that emission and any fee payable under that Act in respect of that exemption shall continue to be payable in respect of the exemption granted under section 6 in respect of that emission while that exemption subsists. 22. Notwithstanding anything in clause 13, 14 or 21, any discharge or emission permitted by that clause to continue after the coming into operation of that clause shall be so permitted only insofar as that discharge or emission complies with any approved policy and with any prescribed standard. 23. Every — (a) notice served or given under section 33, 35, 38 or 39 of the *Clean Air Act 1964* 2; or (b) abatement notice served under section 26, nuisance order made under section 27 or noise abatement direction given under section 33B, of the *Noise Abatement Act 1972* 6, (in this clause called the relevant Act) which was in force or pending immediately before the coming into operation of this clause shall on that coming into operation continue in force or may be prosecuted to its conclusion, as the case requires, as if that section had not been repealed and the provisions of the relevant Act shall apply to that notice, abatement notice, nuisance order or noise abatement direction accordingly. 24. A delegation made under section 12A of the *Noise Abatement Act 1972* 6 to a person performing functions unrelated to occupational health, safety or welfare and in force immediately before the coming into operation of this clause shall on that coming into operation be deemed to be revoked. 25. A committee established under section 20 of the *Noise Abatement Act 1972* 6 in respect of matters unrelated to occupational health, safety or welfare and in existence immediately before the coming into operation of this clause shall on that coming into operation be abolished. 26. A person invited under section 20 of the *Noise Abatement Act 1972* 6 to act in an advisory capacity unrelated to occupational health, safety or welfare to the Noise Abatement Advisory Committee established by section 13 of that Act and so acting immediately before the coming into operation of this clause shall on that coming into operation cease so to act. 27. A person who was immediately before the coming into operation of this clause an inspector authorised, or a member of a prescribed class of inspectors authorised, under section 33A(2) of the *Noise Abatement Act 1972* 6 shall on that coming into operation be deemed to have been appointed an authorised person under section 87. 28. A person who was immediately before the coming into operation of this clause an inspector (other than a workplace inspector) appointed under section 34 of the *Noise Abatement Act 1972* 6 shall on that coming into operation be deemed to have been appointed an inspector under section 88. 29. Any by‑laws or model by‑laws made under section 45 of the *Noise Abatement Act 1972* 6 and in force immediately before the coming into operation of this clause shall on that coming into operation cease to have effect. 30. Any regulations made under section 48 of the *Noise Abatement Act 1972* 6 in respect of the appointment of inspectors (other than workplace inspectors) or any other matter unrelated to occupational health, safety or welfare 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 123. [Schedule 4 amended: No. 57 of 1997 s. 54(10); No. 54 of 2003 s. 140(2).]