Northern Territory Consolidated Acts

WASTE MANAGEMENT AND POLLUTION CONTROL ACT - SECT 38

(1) The Chief Executive Officer may -

(a) amend a condition of an environment protection approval or a licence; or

(b) subject to section 36, impose a new condition on an environment protection approval or a licence.

(2) The Chief Executive Officer may only amend a condition or impose a new condition if -

(a) the amendment or condition is requested by the holder of the approval or licence;

(b) the holder of the approval or licence has contravened or failed to comply with a provision of this Act;

(c) there is a risk of pollution resulting in material environmental harm or serious environmental harm;

(d) it is necessary or desirable for the purposes of an environment protection objective;

(e) the Chief Executive Officer is permitted or required to do so by or under this Act;

(f) a licence has been or is to be downgraded or upgraded under section 44; or

(g) the approval or licence is to be transferred.

(3) The Chief Executive Officer may revoke a condition of an environment protection approval or a licence as he or she thinks fit.

(4) The Chief Executive must have regard to -

(a) the matters specified in section 32(1); and

(b) in relation to a best practice licence - the matters specified in section 33,

in determining whether to amend or revoke a condition or to impose a new condition on an approval or licence.

(5) The Chief Executive Officer must give notice of the amendment or revocation of a condition of, or the imposition of a new condition on, an environment protection approval or a licence to the holder of the approval or licence.

(6) An amendment or a revocation of a condition under subsection (1) or (3), and the imposition of a new condition under subsection (1), takes effect -

(a) on the date on which notice is given to the person under subsection (5); or

(b) where a later date is provided for in the notice - on the later date.