sec.247Holders who do not become approved persons on commencement

sec.247 Holders who do not become approved persons on commencement

This section applies to a person who— immediately before the commencement, held an HDPR approval or pest licence; and on the commencement, does not hold a new authorisation that is an approved person’s authorisation; and is required under this Act to hold the new authorisation to carry out the activity with the substance that was authorised under the HDPR approval or pest licence. The person’s HDPR approval or pest licence continues in effect until the earliest of the following— a substance authority equivalent to the HDPR approval or pest licence is granted to the person; the term of the HDPR approval or pest licence ends under the HDPR or Pest Management Act , as the case may be; the HDPR approval or pest licence is cancelled or surrendered under the HDPR or Pest Management Act , as the case may be. However, subsection (4) applies if— before the term of the HDPR approval or pest licence ends under the HDPR or Pest Management Act , the person applies for a substance authority equivalent to the approval or licence; and the chief executive has not decided whether to grant the substance authority on the day the term of the approval or licence would otherwise end. Despite subsection (2), the HDPR approval or pest licence continues in effect until the day the chief executive decides the application. For this section— in relation to an HDPR approval—the HDPR continues to apply in relation to the approval as if this Act had not commenced; or in relation to a pest licence—the Pest Management Act continues to apply in relation to the licence as if this Act had not commenced. (sec.247-ssec.1) This section applies to a person who— immediately before the commencement, held an HDPR approval or pest licence; and on the commencement, does not hold a new authorisation that is an approved person’s authorisation; and is required under this Act to hold the new authorisation to carry out the activity with the substance that was authorised under the HDPR approval or pest licence. (sec.247-ssec.2) The person’s HDPR approval or pest licence continues in effect until the earliest of the following— a substance authority equivalent to the HDPR approval or pest licence is granted to the person; the term of the HDPR approval or pest licence ends under the HDPR or Pest Management Act , as the case may be; the HDPR approval or pest licence is cancelled or surrendered under the HDPR or Pest Management Act , as the case may be. (sec.247-ssec.3) However, subsection (4) applies if— before the term of the HDPR approval or pest licence ends under the HDPR or Pest Management Act , the person applies for a substance authority equivalent to the approval or licence; and the chief executive has not decided whether to grant the substance authority on the day the term of the approval or licence would otherwise end. (sec.247-ssec.4) Despite subsection (2), the HDPR approval or pest licence continues in effect until the day the chief executive decides the application. (sec.247-ssec.5) For this section— in relation to an HDPR approval—the HDPR continues to apply in relation to the approval as if this Act had not commenced; or in relation to a pest licence—the Pest Management Act continues to apply in relation to the licence as if this Act had not commenced.