Environmental protection act sa

Statutes Amendment (COVID-19 Permanent Measures) Act 2021

Pt 6 (ss 11 & 12)—9.9.2021 (Gazette 18.8.2021 p3099)

Environment Protection (Objects of Act and Board Attributes) Amendment Act 2023

1.3.2024 (Gazette 7.12.2023 p4052)

Provisions amended

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

amended by 21/2005 s 4

inserted by 21/2005 s 5(1)

amended by 100/1995 s 3(a)

amended by 43/2002 s 4(a)

inserted by 44/2007 s 4(1)

inserted by 45/2017 s 4(1)

inserted by 44/2007 s 4(2)

inserted by 43/2002 s 4(b)

inserted by 44/2007 s 4(3)

inserted by 44/2007 s 4(3)

inserted by 43/2002 s 4(c)

substituted by 14/2008 s 4

inserted by 28/2023 s 3(1)

inserted by 28/2023 s 3(1)

substituted by 21/2005 s 5(2)

inserted by 45/2017 s 4(2)

inserted by 43/2006 s 94(1)

amended by 21/2005 s 5(3), (4)

deleted by 100/1995 s 3(b)

inserted by 28/2023 s 3(2)

inserted by 44/2007 s 4(4)

inserted by 44/2007 s 4(5)

substituted by 21/2005 s 5(5)

amended by 21/2005 s 5(6)

amended by 45/2017 s 4(3), (4)

amended by 45/2017 s 4(5), (6)

inserted by 5/2017 s 30(1)

inserted by 21/2005 s 5(7)

amended by 21/2005 s 5(8)

inserted by 44/2007 s 4(6)

inserted by 45/2017 s 4(7)

inserted by 44/2007 s 4(7)

inserted by 44/2007 s 4(8)

inserted by 44/2007 s 4(8)

inserted by 44/2007 s 4(8)

inserted by 44/2007 s 4(8)

inserted by 44/2007 s 4(8)

inserted by 44/2007 s 4(8)

inserted by 44/2007 s 4(8)

inserted by 44/2007 s 4(8)

inserted by 44/2007 s 4(8)

substituted by 43/2006 s 94(2)

inserted by 45/2017 s 4(8)

inserted by 45/2017 s 4(8)

inserted by 21/2005 s 5(9)

substituted by 45/2017 s 4(9)

inserted by 45/2017 s 4(9)

substituted by 21/2005 s 5(10)

substituted by 45/2017 s 4(10)

inserted by 45/2017 s 4(10)

inserted by 7/2017 s 49

substituted by 44/2007 s 4(9)

inserted by 45/2017 s 4(11)

amended by 43/2006 s 94(3)

inserted by 45/2017 s 4(12)

inserted by 45/2017 s 5

substituted by 21/2005 s 6

amended by 45/2017 s 7

inserted by 21/2005 s 7

deleted by 45/2017 s 9

inserted by 44/2007 s 5

s 4 amended and redesignated as s 5C by 45/2017 s 6(1)—(3)

inserted by 45/2017 s 8

(b) and (c) deleted by 43/2002 s 5

amended by 36/1999 Sch 4 cl 19

amended by 21/2005 s 8

substituted by 21/2005 s 9

amended by 44/2007 s 6

amended by 45/2017 s 10(1)—(6)

amended by 28/2023 s 4(1)—(5)

amended by 100/1995 s 4

amended by 21/2005 s 10

inserted by 35/2003 Sch cl 6(a)

substituted by 60/2007 Sch 1 cl 17

inserted by 5/2005 Sch 2 cl 17

deleted by 60/2007 Sch 1 cl 17

heading substituted by 100/1995 s 5

heading substituted by 21/2005 s 11

amended by 22/2010 s 6

amended by 11/1997 s 3

deleted by 43/2002 s 6

substituted by 43/2002 s 7

amended by 45/2017 s 11

amended by 43/2002 s 8

amended by 14/2008 s 5

s 14A before substitution by 14/2008

inserted by 43/2002 s 9

amended by 21/2005 s 12

substituted by 14/2008 s 6

inserted by 43/2002 s 9

amended by 14/2008 s 7(1)

amended by 14/2008 s 7(2)

inserted by 14/2008 s 7(3)

amended by 28/2023 s 5

deleted by 21/2005 s 13

amended by 14/2008 s 7(4)

deleted by 43/2002 s 10(a)

amended by 43/2002 s 10(b)

amended by 21/2005 s 14

amended by 43/2002 s 10(c)

substituted by 43/2002 s 11(a)

amended by 35/2008 s 4

substituted by 43/2002 s 11(b)

amended by 21/2005 s 15(1)

substituted by 14/2008 s 8(1)

inserted by 21/2005 s 15(2)

substituted by 14/2008 s 8(1)

substituted by 43/2002 s 11(b)

amended by 43/2002 s 11(c)

amended by 43/2002 s 11(c)

amended by 14/2008 s 8(2)

inserted by 14/2008 s 8(3)

amended by 43/2002 s 11(c)

substituted by 43/2002 s 12(a)

amended by 43/2002 s 12(b)

amended by 21/2005 s 16

amended by 43/2002 s 12(b)

inserted by 84/2009 s 115

s 18 before deletion by 84/2009

amended by 43/2002 s 13

deleted by 84/2009 s 116

inserted by 21/2005 s 17

substituted by 100/1995 s 6

amended by 25/2021 s 11(1)

inserted by 25/2021 s 11(2)

substituted by 43/2002 s 14

substituted by 43/2002 s 14

deleted by 14/2008 s 9

amended by 30/1995 Sch 4 cl (a)

amended by 43/2002 s 15

amended by 21/2005 s 18

amended by 30/1995 Sch 4 cl (b)

deleted by 100/1995 s 7

amended by 21/2005 s 19(1), (2)

amended by 45/2017 s 12(1)

(iii) deleted by 21/2005 s 20(1)

amended by 21/2005 s 20(2)

amended by 5/2017 s 31

amended by 21/2005 s 20(3)

amended by 21/2005 s 20(4)

amended by 45/2017 s 12(2), (3)

inserted by 45/2017 s 12(4)

substituted by 21/2005 s 21(1)

amended by 25/2019 s 26

inserted by 100/1995 s 8(a)

substituted by 43/2002 s 16

substituted by 100/1995 s 8(b)

amended by 100/1995 s 8(c)

amended by 21/2005 s 21(2)

deleted by 21/2005 s 21(3)

amended by 21/2005 s 21(4)

amended by 45/2017 s 13

substituted by 21/2005 s 21(5)

amended by 100/1995 s 8(d)

deleted by 21/2005 s 21(5)

inserted by 1/1995 Sch 2 cl 1(a)

deleted by 21/2005 s 22

inserted by 1/1995 Sch 2 cl 1(b)

substituted by 21/2005 s 23

amended by 1/1995 Sch 2 cl 1(c)

substituted by 100/1995 s 9

amended by 45/2017 s 14

deleted by 45/2017 s 15

amended by 21/2005 s 24(1)

amended by 45/2017 Sch 2

amended by 21/2005 s 24(2)

amended by 45/2017 Sch 2

amended by 21/2005 s 24(3)

amended by 45/2017 Sch 2

amended by 5/2017 s 32

s 36 redesignated as s 36(1) by 21/2005 s 25

amended by 45/2017 Sch 2

inserted by 21/2005 s 25

amended by 21/2005 s 26

substituted by 21/2005 s 27(1)

amended by 25/2019 s 27(1)

inserted by 25/2019 s 27(2)

inserted by 35/1997 s 5

amended by 34/2004 Sch 4 cl 5

amended by 33/2019 Sch 5 cl 8

inserted by 35/1997 s 5

amended by 5/2017 s 33

amended by 21/2005 s 27(2), (3)

(a) deleted by 7/2017 s 50(1)

inserted by 21/2005 s 27(4)

s 42 redesignated as s 42(1) by 63/1996 s 12(a)

inserted by 63/1996 s 12(a)

amended by 5/2017 s 34

inserted by 45/2017 s 16

inserted by 21/2005 s 28(1)

amended by 21/2005 s 28(2)

substituted by 21/2005 s 28(3)

amended by 1/1995 Sch 2 cl 1(d)

amended by 21/2005 s 29

amended by 45/2017 s 17(1)

amended by 45/2017 s 17(2)

inserted by 45/2017 s 17(3)

amended by 21/2005 s 30(1)

amended by 25/2019 s 28

inserted by 35/1997 s 6(a)

amended by 34/2004 Sch 4 cl 6

amended by 33/2019 Sch 5 cl 9

amended by 35/1997 s 6(b)

inserted by 21/2005 s 30(2)

(a) deleted by 7/2017 s 51

inserted by 21/2005 s 30(3)

inserted by 21/2005 s 30(4)

amended by 63/1996 s 12(b)

amended by 35/1997 s 7

amended by 1/2004 Sch 1 cl 2

amended by 34/2004 Sch 4 cl 7

amended by 21/2005 s 31

amended by 57/2016 s 62

amended by 33/2019 Sch 5 cl 10

amended by 5/2017 s 35(1), (2)

amended by 45/2017 s 18(1)

inserted by 63/1996 s 12(c)

inserted by 45/2017 s 18(2)

inserted by 21/2005 s 32

inserted by 16/2001 s 5

inserted by 35/2008 s 5

s 51 before substitution by 45/2017

amended by 21/2005 s 33(1)

amended by 21/2005 s 33(2)

substituted by 45/2017 s 19

amended by 21/2005 s 34

inserted by 21/2005 s 35

substituted by 45/2017 s 20(1)

amended by 45/2017 s 20(2)

amended by 21/2005 s 36

amended by 21/2005 s 37(1), (2)

inserted by 21/2005 s 38

inserted by 35/2008 s 6

amended by 1/2004 Sch 1 cl 3

amended by 57/2016 s 63

(a) deleted by 7/2017 s 52(1)

amended by 5/2017 s 36

inserted by 22/2010 s 7

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

substituted by 35/1997 s 8

amended by 34/2004 Sch 4 cl 8

amended by 33/2019 Sch 5 cl 11

inserted by 35/1997 s 9

substituted by 35/1997 s 10

amended by 34/2004 Sch 4 cl 9

amended by 33/2019 Sch 5 cl 12

amended by 35/1997 s 11(a), (b)

inserted by 35/1997 s 11(c)

amended by 34/2004 Sch 4 cl 10(1), (2)

amended by 33/2019 Sch 5 cl 13(1), (2)

inserted by 35/1997 s 11(c)

amended by 5/2017 s 37

inserted by 35/1997 s 11(d)

amended by 34/2004 Sch 4 cl 10(3)

amended by 33/2019 Sch 5 cl 13(3)

inserted by 35/1997 s 12

inserted by 35/2008 s 7

approved collection depot

inserted by 35/2008 s 8(1)

approved refund marking

inserted by 35/2008 s 8(1)

substituted by 35/2008 s 8(1)

category A container

substituted by 35/2008 s 8(1)

category B container

substituted by 35/2008 s 8(1)

collection area

deleted by 35/2008 s 8(1)

substituted by 35/2008 s 8(1)

substituted by 35/2008 s 8(1)

inserted by 35/2008 s 8(1)

Food Standards Code

inserted by 35/2008 s 8(1)

refund marking

deleted by 35/2008 s 8(2)

spirit-based beverage

deleted by 35/2008 s 8(3)

inserted by 35/2008 s 8(3)

spiritous liquor amended to read spirituous liquor by 45/2017 s 21

inserted by 35/2008 s 8(3)

inserted by 35/2008 s 8(3)

inserted by 35/2008 s 8(3)

wine-based beverage

deleted by 35/2008 s 8(3)

amended by 35/2008 s 9

amended by 45/2017 s 22

substituted by 35/2008 s 10

substituted by 35/2008 s 10

amended by 45/2017 Sch 2

inserted by 35/2008 s 10

inserted by 35/2008 s 10

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

amended by 25/2019 s 29

inserted by 35/2008 s 10

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

inserted by 35/2008 s 10

amended by 45/2017 Sch 2

amended by 35/2008 s 11(1), (2)

amended by 45/2017 Sch 2

substituted by 35/2008 s 11(3)

substituted by 35/2008 s 12

amended by 45/2017 Sch 2

inserted by 35/2008 s 12

amended by 45/2017 Sch 2

amended by 25/2021 s 12

amended by 45/2017 s 23

amended by 35/2008 s 13(1)

amended by 45/2017 Sch 2

amended by 35/2008 s 13(2)

amended by 45/2017 Sch 2

deleted by 35/2008 s 14

amended by 43/2002 s 17(a), (b)

amended by 45/2017 Sch 2

amended by 43/2002 s 17(c)

amended by 45/2017 Sch 2

amended by 43/2002 s 18(a), (b)

amended by 45/2017 Sch 2

amended by 43/2002 s 18(c)

amended by 45/2017 Sch 2

s 82 amended and redesignated as s 82(1) by 21/2005 s 39(1), (2)

amended by 45/2017 Sch 2

inserted by 21/2005 s 39(2)

amended by 45/2017 Sch 2

amended by 43/2002 s 19

amended by 21/2005 s 40(1), (2)

amended by 45/2017 Sch 2

amended by 21/2005 s 40(3), (4)

inserted by 44/2007 s 7

amended by 45/2017 Sch 2

inserted by 35/1997 s 13

substituted by 44/2007 s 8

amended by 21/2005 s 41(1)

amended by 21/2005 s 41(2)

inserted by 45/2017 s 24

amended by 21/2005 s 42

amended by 21/2005 s 43(1)—(4)

amended by 44/2007 s 9

amended by 45/2017 s 25(1)

amended by 21/2005 s 43(5)

inserted by 21/2005 s 43(6)

inserted by 45/2017 s 25(2)

amended by 44/2007 s 10

amended by 45/2017 s 26(1)

amended by 45/2017 s 26(1)

inserted by 45/2017 s 26(2)

inserted by 45/2017 s 27

amended by 45/2017 Sch 2

amended by 21/2005 s 44(1), (2)

amended by 45/2017 Sch 2

amended by 21/2005 s 44(3)

amended by 45/2017 Sch 2

amended by 21/2005 s 45

substituted by 4/2021 Sch 2 cl 2

amended by 45/2017 Sch 2

amended by 21/2005 s 46(1)

amended by 21/2005 s 46(2)—(4)

inserted by 21/2005 s 46(5)

inserted by 35/1997 s 14

amended by 34/2004 Sch 4 cl 11(1), (2)

amended by 21/2005 s 46(6)

amended by 33/2019 Sch 5 cl 14(1), (2)

inserted by 35/1997 s 14

amended by 21/2005 s 46(7)

amended by 21/2005 s 46(8), (9)

substituted by 21/2005 s 46(10)

amended by 45/2017 Sch 2

inserted by 45/2017 s 28

inserted by 21/2005 s 46(12)

amended by 45/2017 Sch 2

inserted by 21/2005 s 47

substituted by 45/2017 s 29(1)

amended by 45/2017 s 29(2)

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

amended by 21/2005 s 48(1)—(3)

amended by 21/2005 s 48(4), (5)

amended by 21/2005 s 48(6)

amended by 21/2005 s 48(7), (8)

inserted by 21/2005 s 48(9)

amended by 35/2008 s 15

inserted by 21/2005 s 48(9)

amended by 45/2017 Sch 2

substituted by 21/2005 s 48(12)

amended by 21/2005 s 49(1)

substituted by 21/2005 s 49(2)

amended by 21/2005 s 49(3)

amended by 21/2005 s 49(4), (5)

inserted by 21/2005 s 49(6)

amended by 21/2005 s 49(7), (8)

amended by 21/2005 s 50(1), (2)

amended by 21/2005 s 50(3)

amended by 21/2005 s 50(4)

substituted by 21/2005 s 50(5)

amended by 45/2017 Sch 2

amended by 21/2005 s 51(1)

substituted by 21/2005 s 51(2)

amended by 21/2005 s 51(3)

amended by 21/2005 s 51(4), (5)

amended by 21/2005 s 52

amended by 21/2005 s 53(1), (2)

amended by 21/2005 s 53(3), (4)

inserted by 35/1997 s 15

amended by 34/2004 Sch 4 cl 12(1), (2)

amended by 21/2005 s 53(5)

amended by 33/2019 Sch 5 cl 15(1), (2)

inserted by 35/1997 s 15

amended by 21/2005 s 53(6)

amended by 21/2005 s 53(7), (8)

substituted by 21/2005 s 53(9)

amended by 45/2017 Sch 2

inserted by 21/2005 s 53(10)

amended by 21/2005 s 54(1)

amended by 35/2008 s 16(1)

amended by 35/2008 s 16(2)

amended by 35/2008 s 16(3)

amended by 35/2008 s 16(4)

inserted by 21/2005 s 54(2)

amended by 35/2008 s 16(5)

inserted by 21/2005 s 54(2)

amended by 35/2008 s 16(6)

amended by 45/2017 Sch 2

substituted by 35/2008 s 16(7)

amended by 35/2008 s 17(1)

substituted by 35/2008 s 17(2)

amended by 35/2008 s 17(3)

substituted by 35/2008 s 18(1)

inserted by 21/2005 s 55

substituted by 35/2008 s 18(2)

inserted by 21/2005 s 55

amended by 35/2008 s 18(3)

amended by 35/2008 s 18(4), (5)

inserted by 44/2007 s 11

10.12.2007—except Divs 1—3—1.7.2009

amended by 5/2017 s 38

amended by 33/2019 Sch 5 cl 16(1), (2)

amended by 45/2017 Sch 2

amended by 33/2019 Sch 5 cl 17(1), (2)

amended by 45/2017 Sch 2

amended by 35/2008 s 19

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

inserted by 44/2007 s 11

amended by 45/2017 Sch 2

amended by 51/2017 s 77(1)

inserted by 51/2017 s 77(2)

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

amended by 45/2017 Sch 2

substituted by 21/2005 s 56

amended by 44/2007 s 12

amended by 21/2005 s 57(1)

amended by 17/2006 s 110(3), (4)

inserted by 21/2005 s 57(2)

inserted by 21/2005 s 58

substituted by 21/2005 s 59(1)

amended by 21/2005 s 59(2)

amended by 21/2005 s 59(3), (4)

amended by 21/2005 s 60(1), (2)

amended by 35/2008 s 20

amended by 44/2007 s 13(1)

amended by 22/2010 s 8

amended by 44/2007 s 13(2)

s 108 redesignated as s 108(1) by 21/2005 s 61

inserted by 21/2005 s 61

amended by 21/2005 s 62(1)—(3)

amended by 21/2005 s 62(4)

amended by 44/2007 s 14

20.11.2008 except (i)—(id)—1.7.2009

amended by 22/2010 s 9

amended by 5/2017 s 39

inserted by 21/2005 s 62(5)

inserted by 21/2005 s 62(6)

amended by 88/2000 Sch 1 cl 1

amended by 23/2004 Sch 1

inserted by 21/2005 s 63

amended by 35/2003 Sch cl 6(b)

inserted by 21/2005 s 64

substituted by 35/2008 s 21

amended by 21/2005 s 65(1)—(3)

amended by 43/2002 s 20(a)

amended by 43/2002 s 20(b)

amended by 35/1997 s 16

amended by 21/2005 s 66(1)

amended by 21/2005 s 66(2)

amended by 35/2008 s 22

amended by 21/2005 s 67

amended by 45/2017 s 30

substituted by 21/2005 s 68

inserted by 11/1997 s 4

substituted by 21/2005 s 68

amended by 45/2017 Sch 2

amended by 57/2016 s 64

amended by 45/2017 Sch 2

s 122 before deletion by 84/2009

amended by 43/2002 s 21

amended by 21/2005 s 69(1)

amended by 21/2005 s 69(2)

deleted by 84/2009 s 117

substituted by 21/2005 s 70(1)

amended by 21/2005 s 70(2)

amended by 21/2005 s 70(3), (4)

substituted by 21/2005 s 71

amended by 21/2005 s 72

amended by 21/2005 s 73

amended by 21/2005 s 74

substituted by 21/2005 s 75

amended by 21/2005 s 76(1)

inserted by 43/2002 s 22(a)

amended by 21/2005 s 76(2), (3)

inserted by 43/2002 s 22(a)

amended by 21/2005 s 76(4)

inserted by 43/2002 s 22(b)

amended by 35/1997 s 17

substituted by 21/2005 s 77

amended by 45/2017 Sch 2

inserted by 35/2018 s 63

amended by 21/2005 s 78

inserted by 21/2005 s 79

amended by 35/1997 s 18

amended by 21/2005 s 80

amended by 35/1997 s 19(a)

amended by 21/2005 s 81(1), (2)

amended by 21/2005 s 81(3), (4)

inserted by 45/2017 s 31(1)

substituted by 21/2005 s 81(5)

inserted by 45/2017 s 31(2)

amended by 35/1997 s 19(b)

amended by 21/2005 s 81(6)

amended by 21/2005 s 82

amended by 45/2017 s 32(1)—(3)

amended by 45/2017 s 32(4), (5)

inserted by 45/2017 s 32(6)

deleted by 18/1994 Sch cl 2

inserted by 1/2019 r 4(1)

inserted by 1/2019 r 4(2)

amended by 181/1994 r 4(a)

substituted by 181/1994 r 4(b)

amended by 311/2020 r 4(1)

deleted by 1/2019 r 4(3)

substituted by 1/2019 r 4(4)

inserted by 35/2018 s 64

amended by 181/1994 r 4(c)

substituted by 1/2019 r 4(5)

amended by 1/2019 r 4(6)

substituted by 1/2019 r 4(7)

deleted by 1/2019 r 4(8)

amended by 181/1994 r 4(d)

amended by 1/2019 r 4(9)

amended by 1/2019 r 4(10)

inserted by 181/1994 r 4(e)

cl 3 before substitution by 1/2019

substituted by 181/1994 r 4(f)

amended by 161/2001 r 4(a)

substituted by 181/1994 r 4(f)

(e)(i)(A) deleted by 35/2008 s 23(1)

amended by 35/2008 s 23(2), (3)

amended by 181/1994 r 4(g)

amended by 21/2005 s 83(1)

substituted by 1/2019 r 4(11)

substituted by 181/1994 r 4(h)

amended by 1/2019 r 4(12)

heading amended by 66/2001 Sch cl 1(a)

substituted by 181/1994 r 4(i)

amended by 161/2001 r 4(b)

amended by 181/1994 r 4(j)

deleted by 66/2001 Sch cl 1(b)

amended by 181/1994 r 4(k)

inserted by 181/1994 r 4(l)

amended by 33/1995 r 4(a), (b)

amended by 161/2001 r 4(c)

substituted by 1/2019 r 4(13)

inserted by 311/2020 r 4(2)

substituted by 181/1994 r 4(m)

amended by 252/2007 r 4

amended by 1/2019 r 4(14)

deleted by 1/2019 r 4(15)

amended by 181/1994 r 4(n)

amended by 33/1995 r 4(c)

substituted by 1/2019 r 4(16)

amended by 181/1994 r 4(o)

substituted by 181/1994 r 4(p)

amended by 1/2019 r 4(17)

amended by 181/1994 r 4(q)

amended by 181/1994 r 4(r)

inserted by 181/1994 r 4(s)

amended by 161/2001 r 4(d)

substituted by 229/2001 r 4

amended by 40/2012 Sch 6 cl 5

amended by 1/2019 r 4(18)

amended by 181/1994 r 4(t), (u)

amended by 181/1994 r 4(v)

inserted by 181/1994 r 4(w)

amended by 1/2019 r 4(19)

inserted by 181/1994 r 4(w)

amended by 181/1994 r 4(x)

amended by 181/1994 r 4(y)

substituted by 181/1994 r 4(z)

amended by 21/2005 s 83(2)

substituted by 181/1994 r 4(z)

amended by 181/1994 r 4(aa)

amended by 181/1994 r 4(ab)

inserted by 227/2013 r 4(1)

inserted by 181/1994 r 4(ac)

amended by 227/2013 r 4(2)

inserted by 1/2019 r 4(20)

inserted by 311/2020 r 4(3)

substituted by 1/2019 r 4(21)

Sch 2 before deletion by 21/2005

inserted by 11/1997 s 5

inserted by 35/1997 s 20(a)

inserted by 35/1997 s 20(b)

deleted by 21/2005 s 84

Transitional etc provisions associated with Act or amendments

Environment Protection (Miscellaneous) Amendment Act 2005, Sch 1—Transitional provisions

1—Interpretation

In this Schedule—

Minister means the Minister responsible for the administration of the principal Act;

2—Environment, Resources and Development Committee to conduct inquiry into administering agencies

The Environment, Resources and Development Committee of the Parliament must, not less than 2 years after the commencement of section 17, inquire into, consider and report on the role and functions of administering agencies (other than the Environment Protection Authority) under the principal Act as amended by this Act.

3—Amendment of environment protection policies by notice

(1) The Minister may, by notice in the Gazette, amend an environment protection policy—

(a) to substitute, for references in the policy to a "Category C offence", references to a "Category D offence"; or

(b) to add to the policy references to another "administering agency" so that they appear in the alternative to references to the "Authority".

(2) An amendment under subclause (1) comes into operation on the day fixed in the notice of the amendment.

4—Environment protection policies in force under section 28A

The following provisions apply in relation to an environment protection policy in operation immediately before the commencement of section 22 by virtue of section 28A(1) of the principal Act:

(a) on the commencement of section 22, the environment protection policy continues in operation as an environment protection policy made under the principal Act;

(b) after the commencement of section 22, the normal procedure for making environment protection policies does not apply in relation to a draft environment protection policy—

(i) that revokes and replaces the environment protection policy if the Minister is satisfied that—

(A) the draft environment protection policy covers the same subject matter as the policy it is revoking; and

(B) the only substantive changes relate to the enforcement of the policy (including the imposition of penalties for contravention of the policy) or are otherwise necessary or appropriate for the application of the policy in this jurisdiction; or

(ii) that revokes the environment protection policy if the Minister is satisfied that an environment protection policy is not required for the implementation of the relevant national environment protection measure;

(c) the Minister may refer a draft policy referred to in paragraph (b) directly to the Governor.

Environment Protection (Miscellaneous) Amendment Act 2008, Sch 1—Transitional provisions

1—Interpretation

In this Schedule—

2—Classes of containers approved under repealed provisions

(1) An approval of a class of containers as category A containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval of the class of containers as category A containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.

(2) An approval of a class of containers as category B containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval of the class of containers as category B containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.

3—Refund markings approved under repealed provisions

An approval of a refund marking in relation to a class of containers in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as if it were a marking specified by the Authority as a condition of approval in relation to that class of containers under section 68 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.

4—Continuation of collection depot approvals

An approval of a collection depot in force under Part 8 Division 2 of the principal Act immediately before the commencement of this clause will, on that commencement, continue as an approval in respect of the collection depot under section 69 of the principal Act as amended by this Act, subject to the provisions of the principal Act as amended by this Act.

5—Super collectors

A person who carried on a business as a super collector immediately before the commencement of this clause is, if the person has made an application in a manner and form determined by the Authority accompanied by the prescribed fee and any information requested by the Authority, entitled to the grant, on that commencement, of an approval under section 69 of the principal Act as amended by this Act to carry on business as a super collector subject to conditions determined by the Authority.

Statutes Amendment (Budget 2010) Act 2010

10—Transitional provision

If, immediately before the commencement of this section, a person holds an environmental authorisation granted or renewed by the Authority under the Environment Protection Act 1993 purportedly as a sustainability licence or accredited sustainability licence, the environmental authorisation will be taken to have been endorsed under Part 6A of that Act as a sustainability licence on the basis of the measures, auditing programme and review programme specified in connection with the purported sustainability licence or accredited sustainability licence.

Environment Protection (Variation of Act, Schedule 1) (Waste Reform) Regulations 2019 (No 1 of 2019), Sch 1—Transitional provisions

1—Interpretation

In this Schedule, unless the contrary intention appears—

existing licensee means a person who, immediately before the commencement of this clause, held a licence to undertake a prescribed activity of environmental significance under old Schedule 1;

licence has the same meaning as in the principal Act;

new Schedule 1 means Schedule 1 of the principal Act as amended by these regulations;

old Schedule 1 means Schedule 1 of the principal Act as in force immediately before the commencement of these regulations;

2—Licences to continue

(1) Subject to subclause (2), a licence that, immediately before the commencement of this clause, authorised a person to undertake a prescribed activity of environmental significance under old Schedule 1, continues after that commencement as a licence to undertake the same activity under new Schedule 1 (despite the fact that it may be differently described or numbered under new Schedule 1) and is subject to the same conditions as those applying immediately before that commencement.

(2) The Authority may, on the Authority's own initiative or on application by an existing licensee—

(a) grant a new licence to the person; or

(b) revoke an existing licence; or

(c) by notice in writing to the licensee given within 2 years after the commencement of this clause—

(i) vary the terminology or numbering in the existing licence; or

(ii) impose or vary a condition of the existing licence,

if, in the opinion of the Authority, it is necessary or desirable to do so as a consequence of the variation of Schedule 1 of the principal Act by these regulations.

(3) The Authority is not required to grant a licence, or impose or vary a condition of a licence, on application by an existing licensee under this clause except on application and payment of the appropriate fees under Part 6 of the principal Act.

(4) If the Authority takes action under subclause (2) on its own initiative, the Authority may dispense with the requirement for applications and payment of fees as it considers appropriate.

(5) Public notice is not required to be given under Part 6 of the principal Act in respect of a licence that is granted or varied pursuant to this clause.

(6) A licence granted pursuant to this clause is, except as specified in this clause, subject to the principal Act.

(7) For the avoidance of doubt, a reference in this clause to a condition of a licence includes a reference to a term of a licence, or an authorisation or any other right or limitation set out in a licence.

3—Approvals relating to management of tyre waste

(1) An approval by the Authority under Schedule 1 Part A clause 3(3)(f) of the principal Act as in force immediately before the commencement of this clause in relation to the manner of handling and disposal of waste tyres or tyre pieces will be taken, on and from that commencement, to be a prescribed approved activity of a kind specified in paragraph (f) of the definition of that term in Schedule 1 Part AA clause A1(1) as inserted by Part 2 of these regulations.

(2) The approval (as continued by virtue of subclause (1)) is subject to the same conditions (if any) as those applying immediately before the commencement of this clause.

4—Determinations that environmental authorisation not justified

A determination by the Authority under Schedule 1 Part A clause 3(3)(i), 3(4)(y) or 7(2)(f) of the principal Act as in force immediately before the commencement of this clause that the requirement of an environmental authorisation under Part 6 would not be justified in relation to an activity will be taken, on and from that commencement, to be a determination by the Authority that an environmental authorisation is not justified in respect of the activity having regard to the prescribed factors (within the meaning of that term in Schedule 1 Part AA clause A1(1) as inserted by Part 2 of these regulations).

Statutes Amendment and Repeal (Budget Measures) Act 2018, Pt 4

65—Transitional provisions

(1) Subject to this section, the Authority must, despite the provisions of Part 6 of the principal Act (except section 47(3)), grant a licence to a person to enable the person to conduct a petrol station within the meaning of Schedule 1 Part A clause 1(5a) of the principal Act as amended by this Part (to have effect from the commencement of this Part), if, immediately before the commencement of this Part, the retail sale of petroleum products from that petrol station was authorised under a licence pursuant to Part 2 of the Petroleum Products Regulation Act 1995.

(2) The Authority is not required to grant a licence under this section except on application and payment of the appropriate application fee and authorisation fee under Part 6 of the principal Act.

(3) A licence granted pursuant to this section—

(a) has effect for a term of 2 years or such shorter or longer term as may be determined by the Authority and specified in the licence; and

(i) except as specified in this section—subject to the principal Act; and

(ii) subject to any conditions of the licence imposed by the Authority under Part 6 of the principal Act and specified in the licence.

(4) Notice is not required to be given under Part 6 of the principal Act in respect of an application for the grant of a licence pursuant to this section.

(5) In this section—

petroleum product has the same meaning as in the Petroleum Products Regulation Act 1995;

Environment Protection (Variation of Act, Schedule 1) Regulations 2020 (No 311 of 2020), Sch 1

1—Transitional provision

(1) The Authority must, despite Part 6 of the principal Act (except section 47(3)), grant a licence to a person to enable the person to conduct a broiler farm within the meaning of Schedule 1 Part A clause 5(5) of the principal Act as inserted by these regulations (to have effect from the commencement of this clause), if the applicant for the licence is, immediately before the commencement of this clause, an accredited poultry grower under the Primary Produce (Food Safety Schemes) (Meat) Regulations 2017 in respect of the business of growing poultry at the broiler farm.

(2) The Authority is not required to grant a licence pursuant to this clause except on application and payment of the appropriate application fee and authorisation fee under Part 6 of the principal Act.

(3) A licence granted under this clause—

(a) has effect for a term determined by the Authority; and

(i) except as specified in this clause—subject to the principal Act; and

(ii) subject to any conditions of the licence imposed by the Authority under Part 6 of the Act and specified in the licence.

(4) Public notice is not required to be given under Part 6 of the principal Act in respect of an application for the grant of a licence pursuant to this clause.

(5) In this clause—

Historical versions

Reprint No 1—1.5.1995

Reprint No 2—1.7.1995

Reprint No 3—4.4.1996

Reprint No 4—2.1.1997

Reprint No 5—2.3.1997

Reprint No 7—1.5.1997

Reprint No 8—2.7.1997

Reprint No 9—29.7.1999

Reprint No 10—2.4.2001

Reprint No 11—14.6.2001

Reprint No 12—28.6.2001

Reprint No 13—11.10.2001

Reprint No 14—1.7.2002

Reprint No 15—10.4.2003

Reprint No 16—24.11.2003