QLDIn ForceAct
Environmental Protection Act 1994
sec.616ZContinuing effect of environmental authority as a registration certificate and development approval
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### sec.616Z Continuing effect of environmental authority as a registration certificate and development approval
From the commencement—
the environmental authority has effect as if it were a registration certificate for the activity; and
the environmental authority has effect as if the holder of the authority were the registered operator for the activity; and
the environmental authority has effect as if it were—
if the activity would, after the commencement, be a mobile and temporary activity—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 5, item 3; or
in any other case—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 2, item 1; and
any condition of the environmental authority has effect as if it were a development condition of the development approval.
The conditions of the environmental authority are taken to include any condition that the administering authority is, under section 73B(2), required to impose under a regulatory requirement had it been deciding a development application for the chapter 4 activity at the commencement.
This section stops applying if the environmental authority ends under section 616ZB.
s 616Z ins 2008 No. 37 s 9
amd 2009 No. 36 s 872 sch 2
(sec.616Z-ssec.1) From the commencement— the environmental authority has effect as if it were a registration certificate for the activity; and the environmental authority has effect as if the holder of the authority were the registered operator for the activity; and the environmental authority has effect as if it were— if the activity would, after the commencement, be a mobile and temporary activity—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 5, item 3; or in any other case—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 2, item 1; and any condition of the environmental authority has effect as if it were a development condition of the development approval.
(sec.616Z-ssec.2) The conditions of the environmental authority are taken to include any condition that the administering authority is, under section 73B(2), required to impose under a regulatory requirement had it been deciding a development application for the chapter 4 activity at the commencement.
(sec.616Z-ssec.3) This section stops applying if the environmental authority ends under section 616ZB.
- (a) the environmental authority has effect as if it were a registration certificate for the activity; and
- (b) the environmental authority has effect as if the holder of the authority were the registered operator for the activity; and
- (c) the environmental authority has effect as if it were— (i) if the activity would, after the commencement, be a mobile and temporary activity—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 5, item 3; or (ii) in any other case—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 2, item 1; and
- (i) if the activity would, after the commencement, be a mobile and temporary activity—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 5, item 3; or
- (ii) in any other case—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 2, item 1; and
- (d) any condition of the environmental authority has effect as if it were a development condition of the development approval.
- (i) if the activity would, after the commencement, be a mobile and temporary activity—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 5, item 3; or
- (ii) in any other case—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 2, item 1; and