ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 145
Revocation of approval
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 145
Revocation of approval
(1)
The Minister may, by written instrument, revoke an approval under this
Part for the purposes of a specified provision of Part 3 if:
(a)
a significant impact on the matter protected by the provision has occurred
because of the contravention of a condition attached to the approval; or
(b)
the conditions specified in subsection (2) are satisfied.
(2)
The conditions are that:
(a)
the action has had, or the Minister believes that the action will have, a
significant impact that was not identified in assessing the action on a matterprotected by a provision of Part 3 for which the approval has effect; and
(b)
the approval would not have been granted if information that the Minister
has about that impact had been available when the decision to approve the
action was made.
(2A)
The Minister may, by written instrument, revoke an approval under this
Part of an action for the purposes of a specified provision of Part 3 if he or
she believes that:
(a)
the impacts that the action has had, will have or is likely to have were
not accurately identified in information available to the Minister when the
approval was given; and
(b)
the information did not accurately identify those impacts because of
negligence or a deliberate act or omission by the person proposing to take the
action or the designated proponent of the action.
(3)
In deciding whether or not to revoke an approval of the taking of an
action by a person, the Minister may have regard to the person's history in
relation to environmental matters.
(4)
The revocation 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 person to whose action the approval related; and
(b)
publish the instrument in accordance with the regulations.
