MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 5 Environmental authorities and environmentally relevant activities
Part 11 Cancellation or suspension of environmental authorities by administering authority

[s 278]

                      (iii) is carried out under a mining claim or an
                            exploration permit, including a mining claim that,
                            under the Mineral Resources Act, section 816, has
                            been converted from a mining lease.
          (2)   The holder of the environmental authority may give the chief
                executive a notice in the approved form asking the chief
                executive to cancel the authority.
          (3)   On receiving a notice under this section, the chief executive
                must cancel the environmental authority.
          (4)   If the chief executive cancels an environmental authority, the
                chief executive must—
                (a)   give the holder notice of the cancellation; and
                (b)   record the cancellation in the relevant register.
          (5)   Divisions 2 and 3 do not apply to a cancellation of an
                environmental authority under this section.
          (6)   No amount of any annual fee paid by the holder is refundable
                to the holder because of a cancellation under this section.

278        Cancellation or suspension by administering authority
          (1)   The administering authority may cancel or suspend an
                environmental authority if an event mentioned in subsection
                (2) has happened and the procedure under division 2 is
                followed.
          (2)   For subsection (1), the events are as follows—
                (a)   the environmental authority was issued because of a
                      materially false or misleading certificate, declaration or
                      representation, made either orally or in writing;
                (b)   financial assurance required under a condition of the
                      environmental authority has not been given in the
                      amount or in the form required under the notice given
                      under section 296;
                (ba) the administering authority has, under section 306,
                     required the holder of the environmental authority to
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