MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 5 Environmental authorities and environmentally relevant activities
Part 6 Amending environmental authorities by administering authority

[s 215]

          (2)   The administering authority must amend the environmental
                authority.
          (3)   The administering authority must give—
                (a)   an information notice about the amendment to the
                      holder of the environmental authority; and
                (b)   written notice of the amendment to the assessment
                      manager for the development application.
          (4)   In this section—
                planning chief executive means the chief executive of the
                department for the time being administering the Planning Act.
                planning Minister means the Minister for the time being
                administering the Planning Act.

215        Other amendments
          (1)   The administering authority may amend an environmental
                authority at any time if—
                (a)   it considers the amendment is necessary or desirable
                      because of a matter mentioned in subsection (2) and the
                      procedure under division 2 is followed; or
                (b)   the holder of the authority has agreed in writing to the
                      amendment.
          (2)   For subsection (1)(a), the matter is any of the following—
                (a)   a contravention of this Act or an environmental offence
                      committed by the holder of the environmental authority;
                (b)   for an environmental authority issued for a standard or
                      variation application—the relevant activity does not
                      comply with the eligibility criteria for the activity;
                (c)   the authority was issued because of a materially false or
                      misleading representation or declaration, made either
                      orally or in writing;
                (d)   the authority was issued on the basis of a miscalculation
                      of—
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