MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 5 Environmental authorities and environmentally relevant activities
Part 12 General provisions

[s 313]

313        When decision takes effect
                A decision under section 311 to change the anniversary day
                takes effect on the later of the following days—
                (a)   the day the holder is given notice of the decision;
                (b)   a later day of effect stated in the notice.


Division 4                    Non-compliance with eligibility
                              criteria

314        Requirement to replace environmental authority if
           non-compliance with eligibility criteria
          (1)   This section applies if—
                (a)   an environmental authority is issued for a standard or
                      variation application under part 5; and
                (b)   the relevant activity for the authority does not comply
                      with the eligibility criteria for the activity.
          (2)   The administering authority may require the holder of the
                environmental authority to—
                (a)   make a site-specific application for a new environmental
                      authority under part 2; or
                (b)   make an amendment application for the authority under
                      part 7.
          (3)   Before making a requirement under subsection (2), the
                administering authority must give written notice of the
                proposed requirement to the holder of the environmental
                authority.
          (4)   The notice must state the following—
                (a)   the grounds for the requirement;
                (b)   the facts and circumstances that are the basis for the
                      grounds;


Page 220                                                  Current as at 20 February 2014