Western Australian Current Acts Western Australian Current Acts[s. 127]
[Heading amended: No. 19 of 2010 s. 4.]
1. If an occupier of premises has, before the
coming into operation of this clause, commenced work in respect of which a
works approval would have been required by virtue of section 52 or 53, had
that section then been in operation, and not completed that work immediately
before that coming into operation, that occupier may, notwithstanding that
section, complete that work if that occupier —
(a)
notifies the CEO of that work within 14 days of that coming into operation;
and
(b) if
required to do so by the CEO by notice in writing served on that occupier,
supplies to the CEO such plans, specifications and other information as are
specified in that notice within such period as is so specified.
2. The Air Pollution Advisory Committee
established under section 7 of the Clean Air Act 1964 2 is abolished.
3. A person whose services were immediately before
the coming into operation of this clause co-opted under section 22(2) of the
Clean Air Act 1964 2 shall be deemed on that coming into operation to be a
person whose services are made use of under section 24(a).
4. An inspector appointed under section 22(3) of
the Clean Air Act 1964 2 and holding office as such immediately before the
coming into operation of this clause shall on that coming into operation be
deemed to have been appointed to be an inspector under section 88.
5. A person who has applied for a licence or a
renewal or transfer thereof under section 24 of the Clean Air Act 1964 2 and
whose application is awaiting determination immediately before the coming into
operation of this clause shall be deemed on that coming into operation to have
applied under section 59 for, or for the renewal or transfer of, a licence of
the same kind as the first-mentioned licence.
6. A person who is immediately before the coming
into operation of this clause the holder of a licence under the Clean Air Act
1964 2 shall on that coming into operation be deemed to be the holder of a
licence under Part V —
(a) of
the same kind as the first-mentioned licence; and
(b)
valid for the remainder of the period for which the first-mentioned licence
would have been valid had the Clean Air Act 1964 2 not been repealed; and
(c)
subject to the same conditions as those to which the first-mentioned licence
was subject.
7. An exemption granted under section 33 of the
Clean Air Act 1964 2 and in force immediately before the coming into operation
of this clause shall on that coming into operation be deemed to be an
exemption granted under section 6.
8. If the occupier of any premises has, before the
coming into operation of this clause, applied for approval under section 34 of
the Clean Air Act 1964 2 in respect of any works on those premises, in respect
of which works a works approval would have been required by virtue of section
52 or 53, had that section then been in operation, and that application has
not, immediately before that coming into operation, been granted or refused,
that application shall be deemed to be an application for a works approval
under section 54 and shall be dealt with accordingly.
9. A direction given under section 27A(4) 5 of the
Rights in Water and Irrigation Act 1914 and not complied with before the
coming into operation of this clause shall, notwithstanding that coming into
operation, continue in operation until complied with as if Part IIIA of that
Act had not been repealed.
10. A notice in writing given under section
27AA(1) 5 of the Rights in Water and Irrigation Act 1914 and not complied
with or cancelled before the coming into operation of this clause shall,
notwithstanding that coming into operation, continue in operation until
complied with or cancelled as if Part IIIA of that Act had not been repealed.
11. An application for a disposal licence under
section 27B of the Rights in Water and Irrigation Act 1914 made before the
coming into operation of this clause and not granted or refused before that
coming into operation shall be deemed on that coming into operation —
(a) if
that application is for a disposal licence in respect of works or premises, to
be an application for a works approval; or
(b) if
that application is for a disposal licence in respect of the discharge of
waste from premises, to be an application for a licence,
and shall be dealt with accordingly under this
Act.
12. If the occupier of any premises has, before
the coming into operation of this clause, been granted —
(a) an
approval under section 34 of the Clean Air Act 1964 2 ; or
(b) a
disposal licence under section 27B of the Rights in Water and Irrigation Act
1914 ,
in respect of any works on those premises, in
respect of which works a works approval would have been required by virtue of
section 52 or 53, had that section then been in operation, and those works
have not, immediately before that coming into operation, been commenced, that
approval or disposal licence shall be deemed to be a works approval granted to
that occupier in respect of those works and subject to the same conditions, if
any, as the conditions to which that approval or disposal licence was subject.
13. The occupier of any premises in respect of the
discharge of waste from which —
(a)
immediately before the coming into operation of this clause that occupier
should have been, but was not, the holder of —
(i)
an approval under section 34, or a permit under section
39B, of the Clean Air Act 1964 2 ; or
(ii)
a disposal licence under section 27B of the
Rights in Water and Irrigation Act 1914 ;
and
(b) on
the coming into operation of this clause that occupier should be a licensee,
shall within the period of 3 months after the
coming into operation of this clause apply for a licence under section 57 and
does not commit —
(c)
within that period; and
(d) if
he makes such an application within the period referred to in paragraph (a),
while that application is awaiting determination,
any offence under section 61.
14. If immediately before the coming into
operation of this clause —
(a) a
permit granted under section 39B of the Clean Air Act 1964 2 ; or
(b) a
disposal licence granted under section 27B of the Rights in Water and
Irrigation Act 1914 ,
in respect of the discharge of waste was in force,
that permit or disposal licence shall be deemed to be a licence granted under
this Act in respect of that discharge and may be amended or revoked by the CEO
accordingly, and any fee payable under that Act in respect of that permit or
disposal licence shall continue to be payable in respect of the licence deemed
to be granted under this Act in respect of that discharge while that licence
subsists.
15. A declaration made under section 27G 5 of the
Rights in Water and Irrigation Act 1914 and in force immediately before the
coming into operation of this clause shall be deemed on that coming into
operation to be an exemption granted under section 6 in respect of the subject
matter of that declaration.
16. Any regulations made under Part IIIA 5 of the
Rights in Water and Irrigation Act 1914 and in force immediately before the
coming into operation of this clause shall be deemed on that coming into
operation to have been made under this Act and may be repealed or amended
accordingly.
17. A notice served under section 41 of the Clean
Air Act 1964 2 and not complied with before the coming into operation of this
clause shall be deemed on that coming into operation to be a requirement made
under section 90 or 95, as the case requires.
18. A prohibition made by Order in Council under
section 43 of the Clean Air Act 1964 2 and in force immediately before the
coming into operation of this clause shall continue in force notwithstanding
that coming into operation as if that Act had not been repealed.
19. An appeal pending under section 45 of the
Clean Air Act 1964 2 immediately before the coming into operation of this
clause shall notwithstanding that coming into operation be dealt with and
finally determined as if that Act had not been repealed.
20. Any regulations made under section 53 of the
Clean Air Act 1964 2 and in force immediately before the coming into operation
of this clause shall be deemed on that coming into operation to be regulations
made under section 123.
21. If, immediately before the coming into
operation of this clause, an exemption granted under section 6 of the Noise
Abatement Act 1972 6 in respect of the emission of noise was in force, that
exemption shall be deemed to be an exemption granted under section 6 in
respect of that emission and any fee payable under that Act in respect of that
exemption shall continue to be payable in respect of the exemption granted
under section 6 in respect of that emission while that exemption subsists.
22. Notwithstanding anything in clause 13, 14 or
21, any discharge or emission permitted by that clause to continue after the
coming into operation of that clause shall be so permitted only insofar as
that discharge or emission complies with any approved policy and with any
prescribed standard.
23. Every —
(a)
notice served or given under section 33, 35, 38 or 39 of the Clean Air Act
1964 2 ; or
(b)
abatement notice served under section 26, nuisance order made under section 27
or noise abatement direction given under section 33B, of the Noise Abatement
Act 1972 6 ,
(in this clause called the relevant Act ) which
was in force or pending immediately before the coming into operation of this
clause shall on that coming into operation continue in force or may be
prosecuted to its conclusion, as the case requires, as if that section had not
been repealed and the provisions of the relevant Act shall apply to that
notice, abatement notice, nuisance order or noise abatement direction
accordingly.
24. A delegation made under section 12A of the
Noise Abatement Act 1972 6 to a person performing functions unrelated to
occupational health, safety or welfare and in force immediately before the
coming into operation of this clause shall on that coming into operation be
deemed to be revoked.
25. A committee established under section 20 of
the Noise Abatement Act 1972 6 in respect of matters unrelated to occupational
health, safety or welfare and in existence immediately before the coming into
operation of this clause shall on that coming into operation be abolished.
26. A person invited under section 20 of the Noise
Abatement Act 1972 6 to act in an advisory capacity unrelated to occupational
health, safety or welfare to the Noise Abatement Advisory Committee
established by section 13 of that Act and so acting immediately before the
coming into operation of this clause shall on that coming into operation cease
so to act.
27. A person who was immediately before the coming
into operation of this clause an inspector authorised, or a member of a
prescribed class of inspectors authorised, under section 33A(2) of the Noise
Abatement Act 1972 6 shall on that coming into operation be deemed to have
been appointed an authorised person under section 87.
28. A person who was immediately before the coming
into operation of this clause an inspector (other than a workplace inspector)
appointed under section 34 of the Noise Abatement Act 1972 6 shall on that
coming into operation be deemed to have been appointed an inspector under
section 88.
29. Any by-laws or model by-laws made under
section 45 of the Noise Abatement Act 1972 6 and in force immediately before
the coming into operation of this clause shall on that coming into operation
cease to have effect.
30. Any regulations made under section 48 of the
Noise Abatement Act 1972 6 in respect of the appointment of inspectors (other
than workplace inspectors) or any other matter unrelated to occupational
health, safety or welfare and in force immediately before the coming into
operation of this clause shall on that coming into operation be deemed to have
been made under section 123.
[Schedule 4 amended: No. 57 of 1997 s. 54(10); No.
54 of 2003 s. 140(2).]