ENVIRONMENTAL PROTECTION ACT 1994 - SECT 616ZA Additional ground for changing or cancelling development conditions

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 616ZA

616ZA Additional ground for changing or cancelling development conditions

(1) The administering authority may change or cancel a condition of the environmental authority if—

(a) the change or cancellation is necessary because the condition is no longer appropriate as a development condition of a development approval for the activity; or

(b) the condition needs to be changed or cancelled so that the administering authority, in applying section 616Z, can accurately and reliably identify the conditions of the development approval; or

(c) the conditions are otherwise unclear, uncertain or contradictory.

(2) However, the administering authority must not act under subsection (1) if the change or cancellation adversely affects the interests of the registered operator for the activity.

(3) If the condition is changed it must in substance reflect the intent of the condition as included in the environmental authority as it existed before the commencement.

(4) If the administering authority changes or cancels a condition, it must within 10 business days—

(a) record the particulars of the change or cancellation in the appropriate register; and

(b) give the registered operator—

(i) a copy of the development conditions as applying after the change or cancellation; and

(ii) a registration certificate.

(5) In this section—


"condition" , of the environmental authority, does not include any condition taken to be included under section 616Z(2).