AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 42H

Notification that existing authorisation is void or condition inconsistent

(1)  The Director may notify a person who, immediately before a licence document, in relation to an environmental licence granted under section 42E in relation to an activity, is issued to the person under section 42ZB , was carrying out an activity under an existing authorisation in relation to the activity –
(a) that the existing authorisation is void; or
(b) that a condition or restriction of an existing authorisation that, in the opinion of the Director, is inconsistent with a condition or restriction imposed on the environmental licence, is void.
(2)  If the Director notifies a person under subsection (1)(b) that a condition or restriction of an existing authorisation is void, the condition or restriction is void.
(3)  Nothing in subsection (2) is to be taken to have the effect that a condition or restriction of an existing authorisation is not void only because the person has not been notified under subsection (1) that the condition or restriction is void.


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