ENVIRONMENT PROTECTION ACT 1993 - SECT 43

ENVIRONMENT PROTECTION ACT 1993 - SECT 43

43—Term and renewal of environmental authorisations

        (1)         Subject to this Act, an environmental authorisation remains in force for a term determined by the Authority and specified in the authorisation on its grant or renewal.

        (2)         An application for the renewal of an environmental authorisation must be made to the Authority in such manner and form as is determined by the Authority and must be accompanied by the prescribed application fee.

        (3)         An application for renewal must be made not less than the prescribed number of days before the date of expiry of the environmental authorisation.

        (4)         The Authority may, in its discretion, grant a late application for renewal provided that the applicant pays the prescribed late application fee.

        (4a)         Before determining an application for renewal, the Authority may, by notice in writing served on an applicant, require the applicant—

            (a)         to undertake public consultation in relation to the application, in accordance with requirements specified in the notice; and

            (b)         to report to the Authority, at a time and in a manner specified in the notice, on the results of the consultation.

        (5)         Subject to any condition of the authorisation excluding or limiting the right of renewal under this section and to the applicant complying with any notice under subsection (4a), an environmental authorisation must be renewed by the Authority on due application under this section and payment of the authorisation fee prescribed or determined under the regulations.

        (6)         The Authority may, of its own initiative and without application by the holder of an environmental authorisation, renew the authorisation if the Authority is satisfied that it is necessary or appropriate for the protection or restoration of the environment that the holder of the authorisation be bound by conditions of an authorisation (and may do so notwithstanding that the activity undertaken pursuant to the authorisation has ceased but only if the activity ceases after the commencement of this subsection).

        (7)         The Authority may renew an authorisation on a late application or under subsection (6) despite the fact that the authorisation has expired and, in that event, the renewal has effect from the end of the term for which the authorisation was previously granted or renewed.