MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
                  Chapter 5A General provisions about environmentally relevant activities
                                                Part 4 Registration of suitable operators

                                                                                [s 318L]

                           (B)     another corporation of which any of the
                                   corporation’s executive officers are, or have
                                   been, an executive officer; or
              (b)    the chief executive is satisfied the operator is not
                     suitable to be registered as a suitable operator having
                     regard to the applicant’s environmental record.

318L     Notice of proposed action
        (1)   If the chief executive proposes to cancel or suspend a
              registration, the chief executive must give the registered
              suitable operator a written notice stating—
              (a)    the action (the proposed action) the chief executive
                     proposes taking under this division; and
              (b)    the grounds for the proposed action; and
              (c)    the facts and circumstances that are the basis for the
                     grounds; and
              (d)    if the proposed action is to suspend the registration—the
                     proposed suspension period; and
              (e)    that the operator may make, within a stated period,
                     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
              operator is given the written notice.
        (3)   For subsection (1)(d), the proposed suspension period may be
              fixed by reference to a stated event.

318M Considering representations
              The chief executive must consider any written representations
              made by the registered suitable operator within the stated
              period.




Current as at 20 February 2014                                                 Page 229