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Division 2 Transitional provisions for
amendments commencing
on assent
Subdivision 1 Public interest evaluations
827 Definition for subdivision
In this subdivision—
public interest evaluation means a public interest
evaluation under former section 112.
828 Ending of relevant matters in relation to
existing public interest evaluations
(1) This section applies if, before the
commencement—
(a) either—
(i) an EIS was submitted by a proponent;
or
(ii) a person gave a proposed PRC plan to
the administering authority for
assessment; and
(b) either—
(i) the chief executive asked a qualified
entity, under former section 49(5B), to
carry out a public interest evaluation
and give the chief executive a report
about the evaluation that complied with
former section 316PB; or
(ii) the administering authority asked a
qualified entity, under former section
136A(2), to carry out a public interest
evaluation and give the administering
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authority a report about the evaluation
that complied with former section
316PB; and
(c) a relevant matter, or the period for carrying
out a relevant matter, in relation to the
evaluation had not ended under the former
provisions of this Act.
(2) On the commencement, the relevant matter, or a
requirement to carry out the relevant matter, ends.
(3) From the commencement, the new provisions of
this Act apply for—
(a) the completion of the EIS process for the
EIS; or
(b) the assessment of the proposed PRC plan.
(4) However, subsection (3)(a) does not apply in
relation to the terms of reference stage for the EIS.
Note—
See section 837 in relation to draft terms of reference
submitted before the commencement.
(5) To the extent this section is inconsistent with
section 755, 778 or 802, this section prevails to
the extent of the inconsistency.
(6) This section applies subject to sections 829 to
836.
(7) In this section—
relevant matter, in relation to a public interest
evaluation, means each of the following
matters—
(a) the carrying out of the evaluation;
(b) the preparation and giving of a proposed
report about the evaluation;
(c) the making of submissions about a proposed
report about the evaluation;
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(d) the consideration of submissions about a
proposed report about the evaluation;
(e) the preparation and giving of a final report
about the evaluation;
(f) the preparation and giving of a response to a
report about the evaluation;
(g) the consideration of a response to, or
recommendations made in, a report about
the evaluation;
(h) the making of a decision based on a report
about the evaluation;
(i) a request for a review of a report about the
evaluation;
(j) a review of a report about the evaluation.
829 Modified application of new s 56—giving
proponent a copy of submissions
(1) This section applies in relation to an EIS if, before
the commencement—
(a) under former section 49(5B), the chief
executive had asked a qualified entity to
give the chief executive a report about a
public interest evaluation for a proposed
non-use management area; and
(b) the qualified entity had not given the chief
executive the report; and
(c) the submission period had ended, but the
chief executive had not given the proponent
a copy of each submission accepted by the
chief executive.
(2) Despite new section 56(1), the chief executive
must, within 10 business days after the day of the
commencement, give the proponent a copy of
each submission accepted by the chief executive.
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830 Modified application of new s 56—period for
proponent’s response to submissions
(1) This section applies in relation to an EIS if, before
the commencement—
(a) a public interest evaluation was carried out
for a proposed non-use management area;
and
(b) an entity asked for a review of a report about
the public interest evaluation under former
section 316PC; and
(c) the proponent had not complied with former
section 56(2).
(2) For applying new section 56(2), new section
56(3), definition relevant period, paragraph (a) is
taken to refer to 20 business days after the day of
the commencement.
831 Modified application of new s 56A—period for
chief executive’s consideration of EIS etc.
(1) This section applies in relation to an EIS if, before
the commencement—
(a) a public interest evaluation was carried out
for a proposed non-use management area;
and
(b) an entity asked for a review of a report about
the public interest evaluation under former
section 316PC; and
(c) the chief executive had accepted a
submission under section 55, but had not
complied with former section 56A(2).
(2) For applying new section 56A(2), new section
56(3), definition relevant period, paragraph (a) is
taken to refer to 20 business days after the day of
the commencement.
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832 Starting of decision stage for particular
site-specific applications
(1) This section applies in relation to a site-specific
application if, before the commencement—
(a) the administering authority asked a qualified
entity, under former section 136A, to give
the chief executive a report about a public
interest evaluation; and
(b) the decision stage for the application had not
started only because of the operation of
former section 167A.
(2) The decision stage starts on the day of the
commencement.
833 Restarting of assessment process suspended
under former s 167B(3)
(1) This section applies in relation to a site-specific
application if, before the commencement—
(a) the applicant had asked the administering
authority, under former section 167B(2), to
suspend the assessment process; and
(b) the assessment process had not restarted
under former section 167B(3).
(2) The assessment process restarts on the earlier of
the following days—
(a) the day notified by the applicant to the
administering authority whether notified
before or after the commencement;
(b) the day that is 18 months after the day the
decision stage started for the application.
834 Restarting of assessment process suspended
under former s 167B(6)
(1) This section applies in relation to a site-specific
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application if, before the commencement—
(a) under former section 316PC, an entity had
asked the chief executive for a review of a
report about a public interest evaluation in
relation to the application; and
(b) the assessment process had not restarted
under former section 167B(6).
(2) The assessment process restarts on the earlier of
the following days—
(a) the day notified by the applicant to the
administering authority whether notified
before or after the commencement;
(b) the day that is 18 months after the day of the
commencement.
835 No debt payable by third party entity under
former s 316PD
(1) This section applies if, before the
commencement, costs were reasonably incurred
by the administering authority or the chief
executive as mentioned in former section 316PD.
(2) From the commencement, the costs are no longer
a debt payable by a third party entity.
(3) To remove any doubt, it is declared that a debt that
arose under former section 316PD but was not
paid before the commencement is, from the
commencement, no longer payable by a third
party entity.
(4) In this section—
third party entity means an entity other than the
administering authority or the State.
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Part 2 Amendment of Environmental Protection Act 1994
836 Continuation of confidentiality of public
interest evaluation
(1) This section applies if—
(a) immediately before the commencement,
former section 316PE applied to a person;
and
(b) on the commencement, new section 579D
does not apply to the person.
(2) Former section 316PE(2) to (4) continues to apply
in relation to the person as if the amendment Act
had not been enacted.
(3) To remove any doubt, it is declared that a
proceeding for an offence against former section
316PE(2) may, after the commencement, be
started or continued under that section as if the
amendment Act had not been enacted.
Subdivision 2 Other matters
837 Draft terms of reference submitted before
commencement
(1) This section applies if, before the
commencement—
(a) a proponent submitted to the chief executive
draft terms of reference for an EIS; and
(b) the chief executive had not published the
final terms of reference for the EIS.
(2) The following provisions continue to apply in
relation to the EIS as if the amendment Act had
not been enacted—
(a) former chapter 3, part 1, division 2;
(b) former sections 65, 67 and 68;
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(c) former schedule 2, part 1, division 1 to the
extent it applied to an original decision
under former section 41A(1)(b), 43(3)(c) or
68(3)(b);
(d) the Environmental Protection Regulation
2019, former chapter 2, part 3.
838 Information stage does not apply to
application made before commencement if IAR
evaluated
New section 139 applies in relation to an
application for an environmental authority—
(a) whether the application was made before or
after the commencement; and
(b) whether an IAR relevant to the application
was evaluated before or after the
commencement.
839 Notification stage does not apply to
application made before commencement if
draft IAR publicly notified
New section 150 applies in relation to an
application for an environmental authority—
(a) whether the application was made before or
after the commencement; and
(b) whether a draft IAR relevant to the
application was publicly notified before or
after the commencement.
840 Continuation of former s 238 for particular
changes to amendment applications made
before commencement
(1) This section applies if, before the
commencement—
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(a) an applicant gave the administering
authority written notice of a change to an
amendment application; and
(b) the change was not a minor change; and
(c) the administering authority had not given its
written agreement to the change.
(2) Former section 238 continues to apply in relation
to the change to the amendment application as if
the amendment Act had not been enacted.
841 Application of new ch 5, pt 10, div 6 for
residual risks requirement given after
commencement
New chapter 5, part 10, division 6 applies in
relation to a residual risks requirement given after
the commencement, whether the surrender
application to which the requirement relates was
made before or after the commencement.
842 Application of new s 273A to existing residual
risks requirement
(1) This section applies if, before the
commencement—
(a) the administering authority had given an
applicant a residual risks requirement under
former section 271(2); and
(b) the stated reasonable period mentioned in
former section 271(2) had not ended.
(2) New section 273A applies in relation to extending
the period for compliance with the residual risks
requirement as if the reference in new section
273A(1) to the 6-month period mentioned in
section 271(2) were a reference to the stated
reasonable period mentioned in former section
271(2).
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843 Application of new s 276 in relation to existing
residual risks requirement
(1) This section applies if—
(a) before the commencement—
(i) the administering authority had given
an applicant a residual risks
requirement under former section
271(2); and
(ii) the stated reasonable period mentioned
in former section 271(2) had not ended;
and
(b) after the commencement, the applicant does
not comply with the residual risks
requirement within—
(i) the stated reasonable period; or
(ii) if the administering authority extends
the period under new section 273A, as
applied by section 842—the extended
period.
(2) New section 276(3) applies in relation to the
applicant as if a reference to a period in new
section 276(3)(a) or (b) were a reference to the
period mentioned in subsection (1)(b)(i) or (ii).
844 Continuation of audits of PRCP schedules
started before commencement
(1) This section applies if, before the
commencement—
(a) an audit period, within the meaning of
former section 285, had ended for the holder
of a PRCP schedule; and
(b) the holder had not given the administering
authority an audit report, within the
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meaning of former section 285, for the audit
period.
(2) Former section 285 continues to apply in relation
to the holder as if the amendment Act had not
been enacted.
(3) A reference in new section 285(2)(b) to an audit
report for the PRCP schedule given under new
section 285 includes a reference to an audit report
for the schedule given under former section 285.
845 Continuation of former ss 462 and 463 in
relation to things seized before
commencement
(1) This section applies in relation to a thing seized by
an authorised person under former chapter 9
before the commencement.
(2) Former sections 462 and 463 continue to apply in
relation to the thing as if the amendment Act had
not been enacted.
846 Limitation period for particular summary
proceedings
(1) This section applies in relation to a proceeding, by
way of summary proceeding under the Justices
Act 1886, for an offence against this Act that was
committed before the commencement.
(2) Former section 497 continues to apply in relation
to starting the proceeding as if the amendment Act
had not been enacted.
847 Register of particular TOR documents to be
kept by chief executive
(1) The chief executive must continue to keep a
register of the following in relation to an EIS
submitted before the commencement—
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(a) the submitted draft terms of reference for
the EIS;
(b) written summaries of comments given to the
chief executive about the draft terms of
reference for the EIS;
(c) the proponent’s response to the comments
mentioned in paragraph (b).
(2) A reference in this Act to a register kept under
section 540A is taken to include a reference to the
register kept under subsection (1).
848 Transfers of environmental authorities to
which pt 27 applies
(1) This section applies if, after the
commencement—
(a) a person (the transferee) becomes the
holder of an environmental authority to
which part 27 applies; and
(b) a PRCP schedule is not approved for the
authority.
(2) Within 60 business days after the transfer day, the
administering authority may, with the agreement
of the transferee, give the transferee a notice
mentioned in subsection (3) (a restart notice).
Note—
If the administering authority does not give a restart
notice to the transferee, see section 765A.
(3) The restart notice must state a period of at least 6
months, from the day the notice is given, within
which the transferee may, under section 802(2),
ask the administering authority to assess a
proposed PRC plan for the environmental
authority.
(4) If the administering authority gives the transferee
a restart notice—
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