Environmental Management and Pollution Control (Transitional) Regulations 1995

Environmental Management and Pollution Control (Transitional) Regulations 1995

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .

G. S. M. GREEN

Governor

By His Excellency's Command,

T. JOHN CLEARY

Minister for Environment and Land Management

1.   Short title

These regulations may be cited as the Environmental Management and Pollution Control (Transitional) Regulations 1995 .

2.   Commencement

These regulations take effect on the day on which Division 1 of Part 2 of the Environmental Management and Pollution Control Act 1994 commences.

3.   Interpretation

In these regulations,

commencement day means the day on which these Regulations take effect.

4.   Licence of scheduled premises

(1)  A licence or registration of a person in respect of scheduled premises which is granted under the repealed Act after the commencement day is taken to be a permit under the Land Use Planning and Approvals Act 1993 .

(2)  The permit takes effect –

(a) if an application for a permit is required under the Land Use Planning and Approvals Act 1993 for the operation of the scheduled premises to which the licence or registration relates, on the day on which that application is approved; or

(b) if an application for a permit is not required under that Act for the operation of those premises, on the day on which the licence or registration takes effect.

(3)  The permit is subject to the same terms and conditions as the licence or registration.

5.   Approval of change in operation of scheduled premises

(1)  If an application for approval of a change in the operation of scheduled premises is granted under the repealed Act after the commencement day, the conditions of the permit relating to those premises are modified to give effect to the approval as if they were imposed by the issue of an environment protection notice.

(2)  The modification of any condition under subregulation (1) takes effect on the same day that the approval takes effect.

6.   Licence to remove and transport waste

(1)  A licence to remove and transport waste which is granted to a person under section 36A of the repealed Act after the commencement day, is taken to be an environment protection notice served on that person.

(2)  The environment protection notice takes effect on the day on which the licence takes effect.

(3)  The environment protection notice is subject to the same terms and conditions as the licence.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 December 1995

These regulations are administered in the Department of Environment and Land Management.