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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 133O

133O .         Transitional regulations

        (1)         In this section —

        publication day , for regulations made under subsection (2), means the day on which those regulations are published in the Gazette ;

        specified means specified or described in regulations made under subsection (2);

        transitional matter

            (a)         means a matter that needs to be dealt with for the purpose of effecting the transition required because of the enactment of the amending Act; and

            (b)         includes a saving or application matter.

        (2)         If there is no sufficient provision in this Division for dealing with a transitional matter, the Governor may make regulations prescribing matters —

            (a)         required to be prescribed for the purpose of dealing with the transitional matter; or

            (b)         necessary or convenient to be prescribed for the purpose of dealing with the transitional matter.

        (3)         Regulations made under subsection (2) may provide that specified provisions of this Act —

            (a)         do not apply to or in relation to a specified matter; or

            (b)         apply with specified modifications to or in relation to a specified matter.

        (4)         If regulations made under subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and after a day that is earlier than publication day for those regulations but not earlier than the day on which the relevant provision of the amending Act came into operation, the regulations have effect according to their terms.

        (5)         If regulations made under subsection (2) contain a provision referred to in subsection (4), the provision does not operate so as —

            (a)         to affect in a manner prejudicial to a person (other than the State or an authority of the State) the rights of that person existing before publication day for those regulations; or

            (b)         to impose liabilities on a person (other than the State or an authority of the State) in respect of an act done or omission made before publication day for those regulations.

        [Section 133O inserted: No. 40 of 2020 s. 101.]



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