ENVIRONMENT PROTECTION ACT 1997 - SECT 63 Suspension and cancellation

ENVIRONMENT PROTECTION ACT 1997 - SECT 63

    (1)     Subject to section 64, the authority may suspend or cancel an environmental authorisation by written notice to the holder of the authorisation if the authority has reasonable grounds for believing—

        (a)     that—

              (i)     in conducting the authorised activity, the holder has contravened or is contravening the environmental authorisation, an environmental protection order or a provision of this Act; and

              (ii)     as a result, serious or material environmental harm has happened, is happening or is likely to happen; or

        (b)     that the holder has ceased to conduct the authorised activity; or

        (c)     that the environmental authorisation was granted or varied on the basis of false or misleading information.

    (2)     An environmental authorisation may be suspended under subsection (1) until the authority is satisfied that specified conditions are fulfilled.

    (3)     In making a decision under subsection (1), the authority must take into account—

        (a)     the environmental record of the applicant since the environmental authorisation was granted or last varied, as the case requires; and

        (b)     any submissions made in response to an invitation under section 64 (c).