Australian Capital Territory Consolidated Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 62

    (1)     Subject to subsection (2), before acting under section 60, the authority must give the holder of the environmental authorisation a notice—

        (a)     stating that the authority is proposing to vary the authorisation; and

        (b)     stating the nature of, and the reasons for, the proposed variation; and

        (c)     inviting a written submission on the proposed variation on or before a specified date, being a date 10 working days after the date of the notice.

    (2)     This section does not apply if—

        (a)     the variation is for the sole purpose of correcting an error or omission of a formal nature and the holder of the authorisation has given his or her written consent to the variation; or

        (b)     the authority—

              (i)     has reasonable grounds for believing that the authorised activity is causing, or in the immediate future will cause, serious or material environmental harm; and

              (ii)     is satisfied that the variation will assist in reducing or preventing that harm; or

        (c)     the variation is in accordance with an application under section 60 (1) (a).