QLDIn ForceAct
Environmental Protection Act 1994
sec.817Continuation of particular guideline
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### sec.817 Continuation of particular guideline
This section applies in relation to the guideline called ‘Issuing ‘chain of responsibility’ environmental protection orders under chapter 7, part 5, division 2 of the Environmental Protection Act 1994 ’ approved under section 548A(2) before the commencement.
The guideline continues in effect under this Act—
for an environmental protection order issued before the commencement, for the purposes of section 810; and
for an environmental enforcement order, as provided under subsection (3), until a new guideline for environmental enforcement orders is approved under section 548A(2).
For applying the guideline for an environmental enforcement order—
the guideline is taken to have been approved under section 548A(2) for environmental enforcement orders; and
a reference in the guideline to an environmental protection order is taken to be a reference to an environmental enforcement order; and
a reference in the guideline to a provision of former chapter 7, part 5, division 2 is taken to be a reference to the corresponding provision of chapter 7, part 5, division 2, 3 or 4.
In this section—
corresponding provision , for a provision of former chapter 7, part 5, division 2, means the provision of chapter 7, part 5, division 2, 3 or 4 dealing with the same subject matter as the provision of former chapter 7, part 5, division 2.
s 817 ins 2024 No. 30 s 51
(sec.817-ssec.1) This section applies in relation to the guideline called ‘Issuing ‘chain of responsibility’ environmental protection orders under chapter 7, part 5, division 2 of the Environmental Protection Act 1994 ’ approved under section 548A(2) before the commencement.
(sec.817-ssec.2) The guideline continues in effect under this Act— for an environmental protection order issued before the commencement, for the purposes of section 810; and for an environmental enforcement order, as provided under subsection (3), until a new guideline for environmental enforcement orders is approved under section 548A(2).
(sec.817-ssec.3) For applying the guideline for an environmental enforcement order— the guideline is taken to have been approved under section 548A(2) for environmental enforcement orders; and a reference in the guideline to an environmental protection order is taken to be a reference to an environmental enforcement order; and a reference in the guideline to a provision of former chapter 7, part 5, division 2 is taken to be a reference to the corresponding provision of chapter 7, part 5, division 2, 3 or 4.
(sec.817-ssec.4) In this section— corresponding provision , for a provision of former chapter 7, part 5, division 2, means the provision of chapter 7, part 5, division 2, 3 or 4 dealing with the same subject matter as the provision of former chapter 7, part 5, division 2.
- (a) for an environmental protection order issued before the commencement, for the purposes of section 810; and
- (b) for an environmental enforcement order, as provided under subsection (3), until a new guideline for environmental enforcement orders is approved under section 548A(2).
- (a) the guideline is taken to have been approved under section 548A(2) for environmental enforcement orders; and
- (b) a reference in the guideline to an environmental protection order is taken to be a reference to an environmental enforcement order; and
- (c) a reference in the guideline to a provision of former chapter 7, part 5, division 2 is taken to be a reference to the corresponding provision of chapter 7, part 5, division 2, 3 or 4.