AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 45A

Transfer of environment protection notice

(1)  On receipt of notification from a person under section 45(1)(a) and particulars from that person under section 45(1)(b) , the Director or, in the case of an environment protection notice served by a council officer, the council officer may amend the environment protection notice by substituting the name of that person with the name of the person identified in the particulars.
(2)  On the amendment of an environment protection notice under subsection (1)  –
(a) the amended notice must be served on any person whose name has been inserted in the notice in substitution for another name in accordance with that subsection; and
(b) any such person is not, in respect of the service of the amended notice, a person to whom section 44(6) applies; and
(c) the person whose name has been omitted in accordance with subsection (1) is no longer bound by the notice, notwithstanding section 45(4) .
(3)  On service being effected under subsection (2)(a) , the person served is, subject to subsection (2)(b) , taken to have been served with an environment protection notice under section 44(1) or (2) , as the case may be.



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