ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 143 Variation of conditions attached to approval

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 143

  (1)   The Minister may, by written instrument, revoke, vary or add to any conditions (other than the condition referred to in subsection   134(1A)) attached to an approval under this Part   of an action if:

  (a)   any condition attached to the approval has been contravened; or

  (b)   both of the following conditions are satisfied:

  (i)   the action has had a significant impact that was not identified in assessing the action on any matter protected by a provision of Part   3 for which the approval has effect, or the Minister believes the action will have such an impact;

  (ii)   the Minister believes it is necessary to revoke, vary or add a condition to protect the matter from the impact; or

  (ba)   all of the following conditions are satisfied:

  (i)   the action has had a significant impact on a matter protected by a provision of Part   3 for which the approval has effect, or the Minister believes the action will have such an impact;

  (ii)   the Minister is satisfied that the impact is substantially greater than the impact that was identified in assessing the action;

  (iii)   the Minister believes it is necessary to revoke, vary or add a condition to protect the matter from the impact; or

  (c)   the holder of the approval agrees to the proposed revocation, variation or addition, or the Minister has extended the period for which the approval has effect under section   145D, and the Minister is satisfied that any conditions attached to the approval after the proposed revocation, variation or addition are necessary or convenient for:

  (i)   protecting a matter protected by any provision of Part   3 for which the approval has effect; or

  (ii)   repairing or mitigating damage to a matter protected by a provision of Part   3 for which the approval has effect (whether or not the damage has been, will be or is likely to be caused by the action).

  (1A)   If, under paragraph   (1)(c), the holder of an approval agrees to conditions mentioned in paragraph   134(3)(e) (about an action management plan) being added and attached to the approval, the holder is taken to have made an election under section   132B before the approval was granted.

  (1B)   The holder of an approval may request the Minister, in writing, to vary a condition attached to an approval of an action.

  (2)   The Minister may, by written instrument, revoke any condition (other than the condition referred to in subsection   134(1A)) attached to an approval under this Part   of an action if the Minister is satisfied that the condition is not needed to protect any matter protected by a provision of Part   3 for which the approval has effect.

  (3)   In deciding whether or not to revoke, vary or add to any conditions attached to the approval of the taking of an action by a person, the Minister may have regard to:

  (a)   the person's history in relation to environmental matters; and

  (b)   if the person is a body corporate--the history of its executive officers in relation to environmental matters; and

  (c)   if the person is a body corporate that is a subsidiary of another body or company (the parent body )--the history in relation to environmental matters of the parent body and its executive officers.

  (4)   The revocation, variation or addition takes effect on the day specified in the instrument. The Minister must not specify a day earlier than the day the instrument is made.

  (5)   As soon as possible after making the instrument, the Minister must:

  (a)   give a copy of it to the holder of the approval; and

  (b)   publish the instrument in accordance with the regulations.

Note:   If the holder is not satisfied with changed conditions attached to the approval of the holder's action, he or she can ask the Minister to reverse the change by making another change to the conditions under this section.

  (6)   However, the Minister must not publish so much of the instrument as:

  (a)   is:

  (i)   an exempt document under section   47 of the Freedom of Information Act 1982 (trade secrets etc.); or

  (ii)   a conditionally exempt document under section   47G of that Act (business documents) to which access would, on balance, be contrary to the public interest for the purposes of subsection   11A(5) of that Act; or

  (b)   the Minister believes it is in the national interest not to publish.

The Minister may consider the defence or security of the Commonwealth when determining what is in the national interest. This does not limit the matters the Minister may consider.