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 279]


Division 2                    Procedure for cancellation or
                              suspension by administering
                              authority

279        Application of div 2
                This division applies if the administering authority proposes
                to cancel or suspend an environmental authority.

280        Notice of proposed action
          (1)   The administering authority must give the environmental
                authority holder a written notice stating each of the
                following—
                (a)   the action (the proposed action) the administering
                      authority proposes taking under this division;
                (b)   the grounds for the proposed action;
                (c)   the facts and circumstances that are the basis for the
                      grounds;
                (d)   if the proposed action is to suspend the environmental
                      authority—the proposed suspension period;
                (e)   that the holder may, within a stated period, make written
                      representations to show why the proposed action should
                      not be taken.
          (2)   The stated period must end at least 20 business days after the
                holder is given the notice under subsection (1).
          (3)   For subsection (1)(d), the proposed suspension period may be
                fixed by reference to a stated event.
                Example for subsection (3)—
                  If a ground on which the proposed action is to be taken is that financial
                  assurance required under a condition of the environmental authority has
                  not been given, the proposed suspension period may be stated as the
                  period ending when the financial assurance is given.



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