sec.619Continuing effect of particular environmental authorities

### sec.619 Continuing effect of particular environmental authorities Subsection (2) applies for an environmental authority for a chapter 4 activity (other than an approval mentioned in section 624(1)(b)), if— the authority is in force immediately before the commencement of this section; and there is no development approval for the activity. From the commencement— the authority has effect as if it were a registration certificate for the activity; and the authority has effect as if the holder of the authority were the registered operator for the activity; and the 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the commencement, be a mobile and temporary activity—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 5, item 3; or in any other case—a development approval for a material change of use under the repealed Integrated Planning Act 1997 , schedule 8, part 1, table 2, item 1; and any condition of the authority has effect as if it were a development condition of the development approval; and if the authority is a provisional licence, or is for a level 2, chapter 4 activity and was granted for a stated period—the authority (including as it has effect as a registration certificate and as a development approval) has effect only until the end of the period for which the authority would have had effect if the Environmental Protection Legislation Amendment Act 2003 had not been enacted. Subsection (4) applies for an environmental authority for a chapter 4 activity (other than an approval mentioned in section 624(1)(b)), if— the authority is in force immediately before the commencement of this section; and there is a development approval for the activity. From the commencement— the development approval continues to have effect; and the authority has effect as if it were a registration certificate for the activity; and the authority has effect as if the holder of the authority were the registered operator for the activity; and any condition of the authority has effect as if it were a development condition of the development approval. s 619 ins 2003 No. 95 s 45 amd 2005 No. 53 s 90 ; 2009 No. 36 s 872 sch 2 (sec.619-ssec.1) Subsection (2) applies for an environmental authority for a chapter 4 activity (other than an approval mentioned in section 624(1)(b)), if— the authority is in force immediately before the commencement of this section; and there is no development approval for the activity. (sec.619-ssec.2) From the commencement— the authority has effect as if it were a registration certificate for the activity; and the authority has effect as if the holder of the authority were the registered operator for the activity; and the 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 authority has effect as if it were a development condition of the development approval; and if the authority is a provisional licence, or is for a level 2, chapter 4 activity and was granted for a stated period—the authority (including as it has effect as a registration certificate and as a development approval) has effect only until the end of the period for which the authority would have had effect if the Environmental Protection Legislation Amendment Act 2003 had not been enacted. (sec.619-ssec.3) Subsection (4) applies for an environmental authority for a chapter 4 activity (other than an approval mentioned in section 624(1)(b)), if— the authority is in force immediately before the commencement of this section; and there is a development approval for the activity. (sec.619-ssec.4) From the commencement— the development approval continues to have effect; and the authority has effect as if it were a registration certificate for the activity; and the authority has effect as if the holder of the authority were the registered operator for the activity; and any condition of the authority has effect as if it were a development condition of the development approval. - (a) the authority is in force immediately before the commencement of this section; and - (b) there is no development approval for the activity. - (a) the authority has effect as if it were a registration certificate for the activity; and - (b) the authority has effect as if the holder of the authority were the registered operator for the activity; and - (c) the 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 authority has effect as if it were a development condition of the development approval; and - (e) if the authority is a provisional licence, or is for a level 2, chapter 4 activity and was granted for a stated period—the authority (including as it has effect as a registration certificate and as a development approval) has effect only until the end of the period for which the authority would have had effect if the Environmental Protection Legislation Amendment Act 2003 had not been enacted. - (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 - (a) the authority is in force immediately before the commencement of this section; and - (b) there is a development approval for the activity. - (a) the development approval continues to have effect; and - (b) the authority has effect as if it were a registration certificate for the activity; and - (c) the authority has effect as if the holder of the authority were the registered operator for the activity; and - (d) any condition of the authority has effect as if it were a development condition of the development approval.