The EPA is declared, under section 6 (3) of the Act, to be the appropriate regulatory authority for any non-scheduled activity that, immediately before 28 April 2008 (the commencement of the Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008), was licensed as a waste activity (within the meaning of Schedule 1 to the Act, as then in force) but only for so long as that waste activity continues.
Protection of the Environment Operations (General) Regulation 1998