Clean Air Act Amendment Act 1978 (Qld)

353 (QU nUI 1aU4 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 45 of 1978 An Act to amend the Clean Air Act 1963-1976 in certain particulars [ ASSENTED TO 8TH JUNE, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Clean Air Act Amendment Act 1978. (2) In this Act the Clean Air Act 1963-1976 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be referred to as the Clean Air Act 1963-1978.

354 Clean Air Act Amendment Act 1978, No. 45 2. Commencement . (1) Subject to subsection (2), this Act shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Sections 4 and 5 shall commence on a day to be fixed by Proclamation. 3. Amendment of s. 8 . Section 8 of the Principal Act is amended in subsection (2) by- (a) omitting provision (a) and substituting the following provision:- (a) the Director of Air Pollution Control who shall be a member ex officio; "; (b) inserting after provision (b) (iii) the following provision:- " (iv) Co-ordinator-General; ". 4. Amendment of s. 19. Section 19 of the Principal Act is amended by omitting from provision (c) of subsection (2) the words " would contravene any town planning scheme or by-law of any Local Authority respecting the use or development of land " and substituting the words " would contravene- (i) the Town Plan for the City of Brisbane within the meaning of the City of Brisbane Town Planning Act 1964-1976; or (ii) any Local Authority town planning scheme or by-law of a Local Authority made pursuant to section 33 (21) of the Local Government Act 1936-1977 ". 5. Amendment of s. 27. Section 27 of the Principal Act is amended by- (a) omitting provisions (b) and (c) from subsection (3) and substituting the following provision:- (b) in any case to which paragraph (a) or (b) of subsection (2) of this section applies- (i) details of the trade, industry, or process proposed to be carried on in or on the premises or proposed premises, together with details of the methods intended to be adopted so as to control air pollution from such premises; and , (ii) evidence that the carrying out of the work or the construction of the building the subject of the application for approval would not contravene- (A) the Town Plan for the City of Brisbane within the meaning of the City of Brisbane Town Planning Act 1964-1976; or (B) any Local Authority town planning scheme or by-law of a Local Authority made pursuant to section 33 (21) of the Local Government Act 1936-1977."; (b) renumbering subsection (4) and subsection (5) as subsection (5) and subsection (6) respectively; (c) numbering the paragraph in subsection (3) commencing with the words " The secretary may require " as subsection (4).