Western Australian Current Acts

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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 133S

133S .         Transitional regulations

        (1)         In this section —

        publication day , for transitional regulations, means the day on which the regulations are published in accordance with the Interpretation Act 1984 section 41(1)(a);

        specified means specified or described in transitional regulations;

        transitional matter means a matter or issue of a transitional, savings or application nature.

        (2)         Regulations may prescribe anything required, necessary or convenient to be prescribed in relation to a transitional matter in connection with the enactment of, or any amendment made by, the amending Act.

        (3)         Without limiting subsection (2), transitional regulations may provide for specified provisions of this Act or another written law —

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

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

        (4)         Without limiting subsection (2), if sections 20, 21, 22, 23 and 24 of the amending Act do not come into operation under section 2(2) of the amending Act, transitional regulations may, for the purposes of Division 4 Subdivision 3, provide for the former provisions (as defined in section 133E) to be taken to be amended in accordance with sections 20, 21, 22, 23 and 24 of the amending Act.

        (5)         If transitional regulations 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 but not earlier than the day on which Part 5 of the amending Act comes into operation, the transitional regulations have effect according to their terms.

        (6)         If transitional regulations contain a provision referred to in subsection (5), 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; 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.

        [Section 133S inserted: No. 36 of 2024 s. 42.]



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