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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Environment Protection (Miscellaneous) Amendment
Bill 2008
A BILL FOR
An Act to amend the Environment Protection Act 1993.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Environment Protection
Act 1993
4 Amendment of section 16—Proceedings of
Board
5 Insertion of section 50B
50B Special conditions not
exhaustive
6 Insertion of section 54C
54C Conditions
requiring approval of certain works and processes
7 Insertion of
section 64E
64E Outline of Division
8 Amendment of
section 65—Interpretation
9 Amendment of section 66—Division not
to apply to certain containers
10 Substitution of sections 68 and
69
68 Approval of classes of containers as category A or
category B containers
69 Approval of collection
depots and super collectors
69A Annual fees and returns
for collection depots and super collectors
69B Sale and
supply of beverages in containers
69C Offence to claim
refund on beverage containers purchased outside State or corresponding
jurisdiction
69D Offence to contravene condition of
beverage container approval
11 Amendment of section 70—Retailers
to pay refund amounts for empty category A containers
12 Substitution of
section 71
71 Collection depots to pay refund amounts for
certain empty category B containers
71A Manner of
payment of refund amounts
13 Amendment of section 72—Certain
containers prohibited
14 Repeal of Part 8 Division 3
15 Amendment of
section 94—Registration of environment protection orders in relation to
land
16 Amendment of section 101—Registration of clean-up orders or
clean-up authorisations in relation to land
17 Amendment of section
102—Action on non-compliance with clean-up order
18 Amendment of
section 103—Recovery of costs and expenses
19 Amendment of section
106—Appeals to Court
20 Substitution of section
115
115 Delegations
21 Amendment of section
118—Service
22 Amendment of Schedule 1—Prescribed activities of
environmental significance
Schedule 1—Transitional
provisions
1 Interpretation
2 Classes of containers approved under
repealed provisions
3 Refund markings approved under repealed
provisions
4 Continuation of collection depot approvals
5 Super
collectors
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Environment Protection (Miscellaneous)
Amendment Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Environment Protection
Act 1993
4—Amendment of
section 16—Proceedings of Board
Section 16(1)—delete "12" and substitute:
11
Before section 51 insert:
50B—Special conditions not
exhaustive
This Division does not limit the requirements that may be imposed as
conditions of environmental authorisations.
After section 54B insert:
54C—Conditions requiring approval of certain works
and processes
(1) The Authority may, by conditions of an environmental authorisation,
require the holder of the environmental authorisation to seek the Authority's
approval in relation to—
(a) the construction or alteration of a building or structure, or the
installation or alteration of plant or equipment, for use for an activity
carried on under the environmental authorisation; or
(b) a change in a process undertaken under the environmental
authorisation.
(2) If conditions of an environmental authorisation (whether imposed
before or after the commencement of this section) require the holder of the
environmental authorisation to seek the Authority's approval in relation to a
matter of a kind referred to in subsection (1)(a) or (b), an application
for such approval must—
(a) be made in a manner and form determined by the Authority;
and
(b) be accompanied by the prescribed fee.
(3) If the Authority requires further information to determine the
application, the Authority may, by notice in writing served on the applicant no
later than 2 months after the application is made, require the applicant to
furnish further specified information in writing.
(4) If further information is required in respect of an application, the
application is to be taken not to have been duly made until the information is
furnished as required by the Authority.
Before section 65 insert:
64E—Outline of Division
(1) This Division establishes a litter control and waste management system
for beverage containers through a regulatory scheme that has the following
general features:
(a) beverage containers are prohibited from sale in the State unless
approved by the Authority as category A or category B containers or
exempted;
(b) empty category A containers bearing an approved refund marking
are returnable to retailers of such containers for a refund;
(c) empty category B containers bearing an approved refund marking
are returnable to collection depots for a refund;
(d) the operators of collection depots and persons carrying on business as
super collectors must be approved by the Authority under this
Division;
(e) the Authority has power to attach conditions to approvals under this
Division to ensure the reuse, recycling or other appropriate disposal of
returned containers.
(2) This Division also, for the protection of the environment, prohibits
the sale or supply of beverages in certain containers.
8—Amendment of
section 65—Interpretation
(1) Section 65, definitions of beverage, category A
container, category B container, collection
area, collection depot and
container—delete the definitions and substitute:
approved collection depot, means a collection depot in
respect of which an approval under section 69 is in force;
approved refund marking, in relation to containers of a
particular class, means a marking approved by the Authority under
section 68 for containers of that class indicating the refund amount for
the containers;
beverage means a liquid intended for human consumption by
drinking but does not include a liquid of a kind excluded from the ambit of this
definition by the regulations;
category A container means a container of a class approved by
the Authority under section 68 as category A containers, being a
container that may, subject to this Division, be presented for a refund at a
place in the State where beverages are sold by retail in containers of that
class;
category B container means a container of a class approved by
the Authority under section 68 as category B containers, being a
container that may, subject to this Division, be presented at a collection depot
for a refund;
collection depot means a facility or premises for the
collection and handling of category B containers delivered to the facility
or premises in consideration of the payment of refund amounts, and includes a
facility or premises of a kind prescribed by regulation;
container means—
(a) a container that—
(i) is made for the purpose of containing a beverage; and
(ii) when filled with the beverage, is sealed for the purposes of storage,
transport and handling prior to its sale or delivery for the use or consumption
of its contents; or
(b) a container of a kind prescribed by regulation;
corresponding law means a law of another State or a Territory
of the Commonwealth declared by the regulations to be a corresponding law for
the purposes of this Division;
Food Standards Code has the same meaning as in the Food
Act 2001;
(2) Section 65, definitions of spirit-based beverage and
wine-based beverage—delete the definitions and
substitute:
spiritous liquor means—
(a) a liqueur or other alcoholic beverage produced by distillation (for
example, brandy, gin, rum, vodka or whisky); or
(b) a beverage of a kind prescribed by regulation,
but does not include—
(c) a pre-mixed beverage containing a beverage referred to in
paragraph (a) or (b) and another beverage; or
(d) a pre-mixed beverage of a kind excluded from the ambit of this
definition by the regulations;
super collector means—
(a) a person who, whether personally or through an agent, collects,
handles and delivers for reuse, recycling or other disposal, containers received
from collection depots; or
(b) a person who carries on activities of a kind prescribed by
regulation;
waste management arrangement, in relation to containers of a
particular class, means an arrangement for the collection, sorting and
aggregation of containers of that class when empty and their reuse, recycling or
other disposal;
wine means—
(a) a beverage produced by fermentation of grapes (whether or not with
additives permitted under Standard 2.7.4 of the Food Standards Code);
or
(b) a beverage that is a blend of a beverage referred to in paragraph (a)
and other grape products; or
(c) a beverage of a kind prescribed by regulation,
but does not include—
(d) a pre-mixed beverage containing a beverage referred to in
paragraph (a), (b) or (c) and another beverage that is not a grape product;
or
(e) a pre-mixed beverage of a kind excluded from the ambit of this
definition by the regulations.
9—Amendment of
section 66—Division not to apply to certain
containers
Section 66—delete " other than glass containers made for the purpose
of containing a wine-based or spirit-based beverage"
10—Substitution of
sections 68 and 69
Sections 68 and 69—delete the sections and substitute:
68—Approval of classes of containers as
category A or category B containers
(1) An application may be made (whether by a manufacturer, distributor or
retailer of containers) to the Authority for approval of a class of containers
as category A containers or category B containers.
(2) An application for an approval under this section—
(a) must be made in a manner and form determined by the Authority;
and
(b) must be accompanied by the prescribed fee; and
(c) must, on request by the Authority, be accompanied by additional
information to enable the Authority to determine the application.
(3) An approval under this section—
(a) must be granted subject to the following conditions:
(i) that containers of the class to which the approval relates must bear
the refund marking approved by the Authority for containers of that
class;
(ii) that the holder of the approval must have in place an effective and
appropriate waste management arrangement in relation to containers of that
class;
(iii) in the case of an approval in relation to category B
containers—that the waste management arrangement must require the holder
of the approval to provide specified super collectors with a declaration in the
form determined by the Authority in relation to each sale of such containers by
the holder of the approval as soon as practicable after the sale; and
(b) may be granted subject to any other conditions the Authority thinks
fit; and
(c) must be notified in the Gazette.
(4) Without limiting the grounds on which the Authority may refuse an
application for an approval under this section, the Authority may refuse such an
application if satisfied that—
(a) the container material (including the labelling or refund marking) is
unsuitable for recycling, reuse or other disposal considered appropriate by the
Authority; or
(b) the manner of application of the labelling or refund marking proposed
in respect of the class of containers is likely to render the containers
unsuitable for recycling, reuse or other disposal considered appropriate by the
Authority; or
(c) there is no ongoing, effective and appropriate waste management
arrangement in place in relation to the class of containers.
(5) If the Authority refuses an application for an approval under this
section, it must give the applicant written notice of the refusal and the
reasons for the refusal.
(6) The Authority may, on its own initiative or on application, by notice
in the Gazette, vary an approval under this section or vary or revoke a
condition of such an approval or impose a condition or further
condition.
(7) The Authority may, by notice in the Gazette, revoke an approval under
this section in respect of a class of containers if satisfied that a condition
of the approval has been contravened.
(8) Before the Authority revokes an approval under subsection (7),
the Authority must—
(a) give the holder of the approval written notice of its proposed action
specifying reasons for the proposed action; and
(b) allow the holder of the approval at least 14 days within
which to make submissions to the Authority in relation to the proposed
action.
(9) A notice of approval under this section—
(a) must specify—
(i) the class of containers to which the approval relates by reference to
the manufacturer or distributor of the containers and any 1 or more of the
following:
(A) product name;
(B) container contents when full;
(C) container capacity;
(D) container material;
(E) any other factor considered relevant by the Authority;
(ii) the conditions of the approval; and
(b) may contain transitional provisions as to the operation of this
Division in relation to containers in respect of which an approval under this
section applies, whether the containers are—
(i) held by manufacturers, distributors or retailers for sale;
or
(ii) sold but remaining to be returned as empty containers under this
Division; and
(c) has effect from the date of publication of the notice or a future date
specified in the notice.
69—Approval of collection depots and super
collectors
(1) A person must not—
(a) operate a collection depot; or
(b) carry on business as a super collector,
without the approval of the Authority.
Penalty:
If the offender is a body corporate—Division 1 fine.
If the offender is a natural person—Division 3 fine.
(2) An application for an approval under this section—
(a) must be made in a manner and form determined by the Authority;
and
(b) must be accompanied by the prescribed fee; and
(c) must, on request by the Authority, be accompanied by additional
information to enable the Authority to determine the application.
(3) The Authority may, in determining—
(a) an application for an approval under this section; or
(b) what should be the conditions of such an approval,
have regard to the need for a sustainable waste management system for
containers and, in particular, for that purpose, the need for—
(c) ongoing, effective and appropriate waste management arrangements in
relation to the classes of containers proposed to be handled under the approval;
and
(d) effective processes for resolving disputes between the parties to
those arrangements.
(4) An approval under this section may be granted unconditionally or
subject to conditions and must be notified (together with any conditions) in the
Gazette.
(5) If the Authority refuses an application for an approval under this
section, the Authority must give the applicant written notice of the refusal and
the reasons for the refusal.
(6) The Authority may, on its own initiative or on application, by notice
in the Gazette, vary an approval under this section or impose, vary or revoke a
condition of an approval.
(7) The Authority may, by notice in the Gazette, revoke an approval under
this section if satisfied that a condition of the approval has been
contravened.
(8) Before the Authority acts on its own initiative under
subsection (6) or acts under subsection (7), the Authority
must—
(a) notify the holder of the approval in writing of its proposed action
specifying reasons for the proposed action; and
(b) allow the holder of the approval at least 14 days within
which to make submissions to the Authority in relation to the proposed
action.
(9) A notice under this section has effect from the date of publication of
the notice in the Gazette or a future date specified in the notice.
69A—Annual fees and returns for collection depots
and super collectors
(1) The holder of an approval to operate a collection depot or carry on
business as a super collector must—
(a) in each year, lodge with the Authority, before the date fixed by
regulation, an annual return containing the information required by the
Authority by condition of the approval or by notice in writing; and
(b) in each year other than a year in which the approval is due to expire,
pay to the Authority, before the date fixed by regulation, the fee fixed by
regulation.
(2) If a person fails to lodge a return or pay a fee in accordance with
this section, the Authority may, by notice in writing, require the person to
make good the default and, in addition, to pay to the Authority the amount fixed
by regulation as a penalty for default.
(3) If a person fails to comply with the notice within 14 days after
the giving of the notice, the approval is suspended until the notice is complied
with.
(4) If a person fails to comply with the notice within 6 months after
the giving of the notice, the approval is revoked.
(5) The Authority must cause written notice of the suspension or
revocation under this section to be given to the person.
(6) An annual fee (including a penalty for default) payable under this
section is recoverable by the Authority as a debt due to the
Authority.
69B—Sale and supply of beverages in
containers
(1) A retailer must not sell a beverage in a container unless the
container—
(a) is a category A or category B container; and
(b) bears the approved refund marking for containers of that
class.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
(2) A person must not—
(a) supply a beverage in a container to a retailer for sale by the
retailer; or
(b) sell a beverage in a container for consumption,
unless the container is a category A or category B container and bears
the approved refund marking for containers of that class.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
(3) A person must not—
(a) supply a beverage in a container bearing a refund marking to a
distributor or retailer for sale by the distributor or retailer; or
(b) sell a beverage in a container bearing a refund marking for
consumption,
knowing that there is no waste management arrangement in place in relation
to the container.
Penalty: Division 3 fine.
69C—Offence to claim refund on beverage containers
purchased outside State or corresponding jurisdiction
(1) A person must not present to a retailer, the operator of a collection
depot or a person carrying on business as a super collector, for the purpose of
claiming refund amounts, containers that the person knows or has reason to
believe were not purchased in this State or a jurisdiction in which a
corresponding law is in force.
Penalty: Division 3 fine.
(2) Subject to subsection (3), a retailer, the operator of a
collection depot or a person carrying on business as a super collector may
request any person presenting containers for the purpose of claiming refund
amounts to complete a declaration in the form prescribed by regulation for the
purposes of this section stating that the person has no reason to believe that
the containers were not purchased in this State or a jurisdiction in which a
corresponding law is in force.
(3) If, within any 48 hour period, a person presents to a retailer or the
operator of a collection depot 3 000 or more containers for the purpose of
claiming refund amounts, the retailer or operator must request the person to
complete a declaration of a kind referred to in subsection (2).
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
(4) A retailer, the operator of a collection depot or a person carrying on
business as a super collector must—
(a) keep each declaration made under this section (or copy of the
declaration) at his or her place of business in the State for 3 years from
the date of the declaration; and
(b) have the document readily available for inspection at all reasonable
times by an authorised officer.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
69D—Offence to contravene condition of beverage
container approval
The holder of a beverage container approval must not contravene a condition
of the approval.
Maximum penalty: Division 6 fine.
Expiation fee: Division 6 fee.
11—Amendment of
section 70—Retailers to pay refund amounts for empty category A
containers
(1) Section 70(1)(a)—delete "refund marking approved by the
Authority" and substitute:
approved refund marking
(2) Section 70(1), penalty provision—delete the penalty provision
and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
(3) Section 70(2)—delete subsection (2) and substitute:
(2) A retailer or a person acting on the retailer's behalf may refuse or
fail to accept delivery of a container if—
(a) the container is in an unclean condition; or
(b) he or she reasonably believes the container was not purchased in this
State or in a jurisdiction in which a corresponding law is in force;
or
(c) the retailer or person acting on the retailer's behalf has made a
request for a declaration under section 69C(2) or (3) in respect of the
container and the request has been refused.
Section 71—delete the section and substitute:
71—Collection depots to pay refund amounts for
certain empty category B containers
(1) Subject to subsection (2), the operator of an approved collection
depot must not refuse or fail, or permit a person acting on his or her behalf to
refuse or fail—
(a) to accept delivery of empty category B containers that bear the
approved refund marking for containers of that class; or
(b) in respect of each such container, to pay to the person delivering
that container the refund amount for that container.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
(2) The operator of an approved collection depot or a person acting on his
or her behalf may refuse or fail to accept delivery of a container
if—
(a) the approval of the operator of the depot is subject to a condition
limiting the operation of the depot to the receipt of category B containers
of a specified class and the container does not belong to that class;
or
(b) the container is in an unclean condition; or
(c) he or she reasonably believes the container was not purchased in this
State or a corresponding jurisdiction; or
(d) the operator of the collection depot or a person acting on his or her
behalf has made a request for a declaration under section 69C(2) or (3) in
respect of the container and the request has been refused.
71A—Manner of payment of refund
amounts
A person who is required under this Division to pay a refund amount for a
container must pay the amount—
(a) in the case of a refund amount dispensed from a reverse vending
machine—
(i) in cash; or
(ii) by way of credit note redeemable for cash; or
(iii) in a manner prescribed by regulation; or
(b) in any other case—in cash.
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
13—Amendment of
section 72—Certain containers prohibited
(1) Section 72(3), penalty provision—delete the penalty provision
and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
(2) Section 72(4), penalty provision—delete the penalty provision
and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 6 fee.
14—Repeal of Part
8 Division 3
Part 8 Division 3—delete the Division
15—Amendment of
section 94—Registration of environment protection orders in relation to
land
Section 94(4a)—after "the Authority" insert:
or, if the order was registered by another administering agency, that
administering agency
16—Amendment of
section 101—Registration of clean-up orders or clean-up authorisations in
relation to land
(1) Section 101(1)—after "the Authority" insert:
or, if the order was registered by another administering agency, that
administering agency
(2) Section 101(3)(b)(i)(B)—after "the Authority" insert:
or other administering agency
(3) Section 101(4)(a)—delete paragraph (a) and substitute:
(a) application by the Authority or another administering agency under
subsection (1) or the Authority under subsection (2); and
(4) Section 101(5)(d)—after "the Authority" insert:
or, if the order was issued by another administering agency, that
administering agency,
(5) Section 101(5a)—after "the Authority" insert:
or, if the order was issued by another administering agency, that
administering agency,
(6) Section 101(6)—delete "An owner or occupier" and
substitute:
A person
(7) Section 101(7) and (8)—delete subsections (7) and (8) and
substitute:
(7) The Registrar-General must—
(a) on application by the Authority, cancel the registration of a clean-up
order or clean-up authorisation that has been registered in relation to land;
or
(b) if a clean-up order that has been registered in relation to land was
issued by another administering agency, on application by the administering
agency, cancel the registration of the clean-up order,
and make such endorsements to that effect in the appropriate register book,
memorial or other book or record in respect of the land as he or she thinks
fit.
(8) The Authority or another administering agency may, if it thinks fit,
apply to the Registrar-General for cancellation of the registration of a
clean-up order or clean-up authorisation that has been registered in relation to
land on the application of the Authority or other administering agency (as the
case may be), and must do so—
(a) on revocation of the order or authorisation; or
(b) in relation to—
(i) an order—
(A) on full compliance with the requirements of the order; or
(B) where the Authority or other administering agency takes action under
this Division to carry out the requirements of the order—on payment to the
Authority or other administering agency of the amount recoverable by the
Authority or other administering agency under this Division in relation to the
action so taken; or
(ii) an authorisation—on payment to the Authority of the amount
recoverable by the Authority under this Division in relation to the action taken
in pursuance of the authorisation.
17—Amendment of
section 102—Action on non-compliance with clean-up
order
(1) Section 102(1)—after "the Authority" insert:
or, if the order was issued by another administering agency, that
administering agency
(2) Section 102(2)—delete subsection (2) and substitute:
(2) Any action to be taken by the Authority or another administering
agency under subsection (1) may be taken by an authorised officer acting on
behalf of the Authority or other administering agency or by other persons
authorised by the Authority or other administering agency for the
purpose.
(3) Section 102(3)(a)—after "Authority" insert:
or other administering agency
18—Amendment of
section 103—Recovery of costs and expenses
(1) Section 103(1)—delete subsection (1) and substitute:
(1) The reasonable costs and expenses incurred by the Authority or another
administering agency in taking action on non-compliance with a clean-up order
may be recovered by the Authority or other administering agency (as the case may
be) as a debt from the person who failed to comply with the requirements of the
order.
(2) Section 103(2a)—delete subsection (2a) and substitute:
(2a) Subject to subsection (2b), where—
(a) a clean-up order or clean-up authorisation has been registered in
relation to land under section 101; or
(b) the registration of a clean-up order or clean-up authorisation in
relation to land has been cancelled under that section,
the Authority or, in the case of an order that was registered on the
application of another administering agency, that administering agency may
recover, as a debt from the person whose contravention gave rise to the issuing
of the order or authorisation, an amount prescribed by regulation in respect of
the registration or cancellation (as the case may be).
(3) Section 103(2b)—after "the Authority" insert:
or another administering agency
(4) Section 103(3)—after "the Authority" first occurring
insert:
or another administering agency
(5) Section 103(3)(a) and (b)—after "the Authority" wherever
occurring insert:
or other administering agency
19—Amendment of
section 106—Appeals to Court
Section 106(1)—after paragraph (ca) insert:
(cb) a person who applied for a beverage container approval may appeal to
the Court against a decision of the Authority—
(i) refusing to grant the approval; or
(ii) imposing a condition of the approval;
(cc) the holder of a beverage container approval may appeal to the Court
against a decision of the Authority—
(i) varying the approval or varying or imposing a condition of the
approval; or
(ii) revoking the approval;
20—Substitution of
section 115
Section 115—delete the section and substitute:
115—Delegations
(1) The Authority may, by instrument in writing, delegate a power or
function under this Act—
(a) to a specified public authority; or
(b) to a particular person or committee; or
(c) to the person for the time being performing particular duties or
holding or acting in a particular position.
(2) A power or function delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(3) A delegation—
(a) may be absolute or conditional; and
(b) does not derogate from the power of the Authority to act in any
matter; and
(c) is revocable at will.
21—Amendment of
section 118—Service
Section 118(2)(a)—after "environmental authorisation"
insert:
or a beverage container approval
22—Amendment of
Schedule 1—Prescribed activities of environmental
significance
(1) Schedule 1, clause 3(3)(e)(i)(A)—delete subsubparagraph
(A)
(2) Schedule 1, clause 3(3)(g)—delete paragraph (g) and
substitute:
(g) the collection and handling of beverage containers by the holder of an
approval to operate a collection depot under section 69; or
(ga) the collection, handling and delivery for reuse, recycling or other
disposal of beverage containers by the holder of an approval to carry on
business as a super collector under section 69; or
Schedule
1—Transitional provisions
In this Schedule—
principal Act means the Environment Protection
Act 1993.
2—Classes of
containers approved under repealed provisions
(1) An approval of a class of containers as category A containers in
force under Part 8 Division 2 of the principal Act immediately before
the commencement of this clause will, on that commencement, continue as an
approval of the class of containers as category A containers under
section 68 of the principal Act as amended by this Act, subject to the
provisions of the principal Act as amended by this Act.
(2) An approval of a class of containers as category B containers in
force under Part 8 Division 2 of the principal Act immediately before
the commencement of this clause will, on that commencement, continue as an
approval of the class of containers as category B containers under
section 68 of the principal Act as amended by this Act, subject to the
provisions of the principal Act as amended by this Act.
3—Refund markings
approved under repealed provisions
An approval of a refund marking in relation to a class of containers in
force under Part 8 Division 2 of the principal Act immediately before
the commencement of this clause will, on that commencement, continue as an
approval of the refund marking in relation to that class of containers under
section 68 of the principal Act as amended by this Act, subject to the
provisions of the principal Act as amended by this Act.
4—Continuation of
collection depot approvals
An approval of a collection depot in force under Part 8
Division 2 of the principal Act immediately before the commencement of this
clause will, on that commencement, continue as an approval in respect of the
collection depot under section 69 of the principal Act as amended by this
Act, subject to the provisions of the principal Act as amended by this
Act.
A person who carried on a business as a super collector immediately before
the commencement of this clause is, if the person has made an application in a
manner and form determined by the Authority accompanied by the prescribed fee
and any information requested by the Authority, entitled to the grant, on that
commencement, of an approval under section 69 of the principal Act as
amended by this Act to carry on business as a super collector subject to
conditions determined by the Authority.