Table Of Contents

Protection of the Environment Legislation Miscellaneous Amendments Act 2017 No 21

An Act to make miscellaneous amendments to certain legislation relating to the protection of the environment.
2   Commencement
(1)  This Act commences on the date of assent to this Act, except as provided by this section.
(2)  Schedule 3 [1], [2], [4], [9], [11]–[13], [15] and [17] commence on a day or days to be appointed by proclamation.
Schedules 1, 2 (Repealed)
sch 1: Rep 1987 No 15, sec 30C.
sch 2: Rep 1987 No 15, sec 30C.
Schedule 3 Amendment of Protection of the Environment Operations Act 1997 No 156
[1]   Sections 63 (1) and 308 (2) (c) and Schedule 2, clause 9 (1) (h) (i)
Insert “or renewed” after “issued” wherever occurring.
[2]   Section 76A
Insert before section 77 in Part 3.6:
  
76A   Application of Part
This Part does not apply to a licence to carry out any scheduled activity that involves the transportation of trackable waste.
[3]   (Repealed)
[4]   Chapter 3, Part 3.6A
Insert after Part 3.6:
  
Part 3.6A Duration and renewal of licences to transport trackable waste
78A   Application of Part
This Part applies to a licence to carry out any scheduled activity that involves the transportation of trackable waste (a licence to transport trackable waste).
78B   Duration of licence to transport trackable waste
(1)  Once a licence to transport trackable waste comes into force, the licence remains in force for the period specified in the licence, being a period not longer than 5 years, unless it is suspended, revoked or surrendered.
(2)  The licence is, while it remains in force, subject to any variations made to the licence under this Act.
78C   Renewal of licence to transport trackable waste
(1)  The holder of a licence to transport trackable waste may apply in writing to the appropriate regulatory authority for the renewal of the licence.
(2)  An application for renewal of a licence to transport trackable waste must:
(a)  be made in or to the effect of a form approved by the appropriate regulatory authority, and
(b)  contain or be accompanied by such information as is required by the appropriate regulatory authority (as indicated in the form or in material accompanying the form), and
(c)  be made within the time period prescribed by the regulations, and
(d)  be accompanied by the fee prescribed by the regulations.
(3)  The appropriate regulatory authority may renew a licence to transport trackable waste for a period specified in the licence, being a period not longer than 5 years.
(4)  The appropriate regulatory authority must not refuse an application for renewal unless before doing so:
(a)  it has given notice to the applicant that it intends to do so, and
(b)  it has specified in that notice the reasons for its intention to do so, and
(c)  it has given the applicant a reasonable opportunity to make submissions in relation to the matter, and
(d)  it has taken into consideration any such submissions by the applicant.
Note—
Section 287 enables appeals to be made in connection with licence applications within a specified period after the person is given notice of the decision concerned. The section provides that the person may appeal if the licence application is not granted within 60 days, and for the purposes of the appeal the licence application is taken to have been refused.
[5]–[8]   (Repealed)
[9]   Section 196 (2A)
Insert after section 196 (2):
  
(2A)  If entry is effected by means of an unmanned vehicle, vessel or aircraft, the vehicle, vessel or aircraft must be operated by or under the authority of an authorised officer.
[10]   (Repealed)
[11]   Section 287 Appeals regarding licence applications and licences
Insert “or renewal” after “issue” in section 287 (2).
[12]   Section 287 (2) note, Schedule 2, clause 8 (1) and (2) and Dictionary, definition of “licence application”
Insert “renewal,” after “issue,” wherever occurring.
[13]   Section 308 Public register
Insert “, other than an application for the renewal of a licence to transport trackable waste within the meaning of section 78A,” after “licence application” in section 308 (2) (a).
[14]   (Repealed)
[15]   Schedule 2 Regulation-making powers
Insert “, for renewal of a licence” after “application for a licence” in clause 9 (4).
[16]   (Repealed)
[17]   Dictionary
Insert in alphabetical order:
  
aircraft includes a remotely piloted aircraft, an unmanned aircraft system or a drone.
[18]   (Repealed)
sch 3: Am 1987 No 15, sec 30C.
Schedules 4, 5 (Repealed)
sch 4: Rep 1987 No 15, sec 30C.
sch 5: Rep 1987 No 15, sec 30C.