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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 458 Directed environmental audits

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 458

Directed environmental audits

  (1)   The Minister may, by written notice given to the holder of an environmental authority, require the holder to carry out an environmental audit if the Minister believes or suspects on reasonable grounds:

  (a)   that the holder has contravened, or is likely to contravene, a condition of the authority; or

  (b)   the impacts that the action authorised by the authority has, has had or is likely to have on the matter dealt with by the provision for which the authority authorises the action are significantly greater than was indicated in the information available to the Minister when the authority was granted.

  (2)   The notice must specify:

  (a)   the matters to be covered by the audit; and

  (b)   the form of the audit report and the kinds of particulars it is to contain; and

  (c)   the date on or before which the report must be given to the Minister.

  (3)   Without limiting the matters that may be specified under paragraph   (2)(a), those matters may include all or any of the following:

  (a)   an evaluation of the nature of the environment that is or will be affected by the holder's activities; and

  (b)   an assessment of the risks to the environment resulting from the activities; and

  (c)   an assessment of the holder's existing capacity to comply with the authority and the requirements of this Act and the regulations in carrying on the activities; and

  (d)   an assessment of what the holder will need to do, or continue to do, so to comply.

  (4)   For the purposes of this Act, an environmental authority is:

  (a)   an approval under Part   9; or

  (b)   a permit issued under Chapter   5.

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