Part 2.833 Amendment or repeal of PEPs
(1) A policy may be amended or repealed by another policy prepared and made in accordance with the relevant procedures set out in this Chapter.(2) Section 30 of the Interpretation Act 1987 applies to a policy in the same way as it applies to a statutory rule.
34 Publication and commencement of PEPs
(1) A policy:(a) is to be published in the Gazette, and(b) takes effect on the day on which it is so published or, if a later day is specified in the policy for that purpose, on the later day so specified.(2) Neither the whole nor any part of a policy is invalid merely because (without statutory authority) the policy is published in the Gazette after the day on which one or more of its provisions is or are expressed to take effect. In that case, that or those provisions take effect from the day the policy is published in the Gazette, instead of from the earlier day.
35 Machinery matters for which PEPs may make provision
A policy may do any one or more of the following:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind,(c) authorise any matter or thing to be determined according to the discretion of the EPA or any other person,(d) refer to or incorporate, with or without modification, a standard or other document prepared or published by a body specified in the policy, as in force at a particular time or from time to time.
36 PEPs not to create offences
A policy may not create an offence for a contravention of the policy.
37 Judicial notice and validity of PEPs
(1) Judicial notice is to be taken of a policy and of the date of its publication in the Gazette.(2) It is to be presumed, in the absence of evidence to the contrary, that all conditions precedent and preliminary steps necessary to the making of a policy under this Act have been complied with and performed.(3) The validity of a policy may not be questioned in any legal proceedings except those commenced in the Land and Environment Court by any person within 3 months after the date of its publication in the Gazette.
38 Failure to comply with procedural requirements
If:(a) there has been a failure to comply with a particular procedural requirement of this Act in preparing or making a policy, but(b) despite that failure there has been substantial compliance with the procedural requirements of this Act for preparing and making the policy,the failure does not invalidate the policy.
39 Copies of PEPs to be available to public
(1) A copy of every policy is to be available for public inspection, without charge, at the principal office of the EPA during ordinary office hours.(2) A copy of every policy is to be available for purchase from the EPA.(3) Failure to comply with any provision of this section does not affect the validity or operation of a policy.
(1) Subject to any directions of the Minister, the EPA may decide at any time not to proceed with a draft policy.(2) The Minister may decline to recommend the making of a policy submitted to the Minister under this Chapter.
41 Subordinate Legislation Act 1989 does not apply to PEPs
A policy is not a statutory rule for the purposes of the Subordinate Legislation Act 1989.