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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 42G

Effect of decision to grant licence in relation to existing authorisations

(1)  Subsection (2) applies in relation to a permit, if –
(a) immediately before the day on which this section commences, a person is carrying out an EL activity under the permit; and
(b) an environmental licence is issued in relation to the EL activity.
(2)  If this subsection applies in relation to a permit –
(a) a condition or restriction, imposed on the permit by virtue of a direction under section 25(5) of this Act, as in force before the day on which this section commences, is void on and from the day on which an environmental licence is issued in relation to the activity; and
(b) any –
(i) condition or restriction of the permit that is included by a variation to the permit specified in any environment protection notice issued under section 44(1)(d) or section 44(2)(d) ; and
(ii) other variation, to a condition or restriction of the permit, that is specified in any environment protection notice issued under section 44(1)(d) or section 44(2)(d)  –
is void on and from the day on which an environmental licence is issued in relation to the activity; and
(c) any environment protection notice, issued under section 44(1)(d) or section 44(2)(d) , that varies a condition or restriction of the permit that is in force in relation to the activity, is taken to be revoked on and from the day on which an environmental licence is issued in relation to the activity; and
(d) any condition or restriction, of the permit, that is not referred to in paragraph (a) or (b) and that –
(i) relates to the reduction, minimisation or removal of potential risk to the environment; and
(ii) is inconsistent with a condition or restriction of an environmental licence in relation to an activity –
is void on and from the day on which an environmental licence is issued in relation to the activity.
(3)  If a person is, immediately before the day on which this section commences, carrying out an EL activity in accordance with an exemption permit, then, on and from the day on which an environmental licence is issued in relation to the activity, any condition or restriction of the exemption permit that is inconsistent with a condition or restriction of the environmental licence is void.
(4)  If a person is, immediately before the day on which this section commences, carrying out an EL activity that the person is expressly or impliedly authorised to carry out –
(a) by an environment protection notice issued under section 44(1) (other than section 44(1)(d) ); or
(b) by an environment protection notice issued under section 44(2) (other than section 44(2)(d) ) –
the environment protection notice is taken to be revoked on and from the day on which an environmental licence is issued in relation to the person.
(5)  If a person is, immediately before the day on which this section commences, carrying out an EL activity in accordance with a fish farm licence or a marine farming licence, then, on and from the day on which an environmental licence is issued in relation to the person, a condition or restriction of the fish farm licence, or marine farming licence, that is inconsistent with a condition or restriction of the environmental licence is void.



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