First Previous (PART 4 Amendment of Act of 1997) Next (SCHEDULE 1 New First Schedule to Act of 1992)

27 2003

Protection of the Environment Act 2003

PART 5

Miscellaneous

Saving for regulations, orders and bye-laws.

59. —(1) Any regulation, order or bye-law that—

(a) has been made under a provision of the Act of 1992, the Act of 1996 or the Act of 1997 that has been amended, or has been repealed and re-enacted with or without modifications, by a provision of this Act, and

(b) is in force immediately before the commencement of that provision of this Act,

shall, subject to subsection (2) of this section, continue in force as if made under that provision as so amended or re-enacted and may be amended or revoked accordingly.

(2) Subsection (1) of this section does not apply to the extent that the regulation, order or bye-law concerned is inconsistent with the provision of the relevant enactment as so amended or re-enacted.

(3) References in this section to an order do not include references to an order mentioned in section 82(9) of Part IV (inserted by section 15 of this Act) of the Act of 1992 (which section 82(9) makes separate provision for the continuance in force of such an order).

Amendment of section 5 of Air Pollution Act 1987.

60. Section 5 of the Air Pollution Act 1987 is amended by substituting the following subsection for subsection (4A) (inserted by the Act of 1992):

“(4A) Directions under subsection (3) shall not be issued in relation to an activity for the purposes of the Environmental Protection Agency Act 1992 , or in relation to any process, development or operation as regards which an order has been made, and remains in force, under section 99B of the said Act.”.

Amendment of section 34 of Planning and Development Act 2000.

61. —Section 34(2) of the Planning and Development Act 2000 , is amended, in paragraph (c), by substituting “Subject to section 99F of the Environmental Protection Agency Act 1992 ,” for “Subject to section 98 (as amended by section 256 of this Act) of the Environmental Protection Agency Act 1992 ,”.