Environmental Management and Pollution Control Act 1994
SCHEDULE 6 - Transitional and SCHEDULE 6 - Transitional and Miscellaneous Provisions
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SCHEDULE 6 - Transitional and SCHEDULE 6 - Transitional and Miscellaneous Provisions
1. Interpretation
In this Schedule –
commencement day means the day on which Division 1 of Part 2 commences;
scheduled premises has the same meaning as in the repealed Act ;
undetermined application means an application which has not been determined under the repealed Act immediately before the commencement day.
2. Permits
Where a planning approval was granted under the Local Government Act 1962 and was in force immediately before the commencement of the first of the provisions of this Act to commence, a permit under the Land Use Planning and Approvals Act 1993 is, on that commencement, taken to have been granted on the terms and conditions (if any) specified in the approval.
3. Registrations and licences
(1) Where immediately before the commencement day scheduled premises were licensed, or a person was registered in respect of scheduled premises, under the repealed Act , a permit under the Land Use Planning and Approvals Act 1993 is, on that day, taken to have been granted in respect of the scheduled premises on the terms and conditions (if any) specified in the registration or licence, and subject to any environmental management plan incorporated, or referred to, in the registration or licence.
(2) For the purposes of this Act the anniversary of a permit referred to in subsection (1) is to be the anniversary of the licence or registration.
(3) If there is an inconsistency between a condition taken to have been continued in a permit pursuant to and any other condition of the permit, the first-mentioned condition prevails.