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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 59B

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 59B

59B .         Procedure for amending, revoking or suspending works approval or licence

        (1)         An application for an amendment to a works approval or licence or to surrender a works approval or licence is to —

            (a)         be made in the manner and form approved by the CEO; and

            (b)         be accompanied by the fee prescribed by or determined under the regulations; and

            (c)         be supported by any plans, specifications and other documents and information required by the CEO and include a summary of that supporting documentation and information.

        (2)         Before amending, revoking or suspending a works approval or licence the CEO is to give the holder of the works approval or licence a written notice under this section.

        (3)         The notice is to —

            (a)         state details of the proposed action; and

            (b)         invite the holder to make representations to the CEO to show why the action should not be taken; and

            (c)         state the period (at least 21 days after the notice is given to the holder) within which representations may be made.

        (4)         The representations must be made in writing.

        (5)         Subject to subsection (7), the CEO may take the proposed action —

            (a)         at any time after the holder of the works approval or licence gives the CEO written notice that the holder does not intend to make any representations or any further representations; or

            (b)         if such notice is not given, after the end of the period stated in the notice within which representations may be made.

        (6)         The CEO is to consider any representations properly made by the holder of the works approval or licence.

        (7)         If the proposed amendment, revocation or suspension is related to a proposal which has been referred to the Authority under section 38, the CEO is not to so amend, revoke or suspend —

            (a)         while any decision-making authority is precluded by section 41 from making any decision which could have the effect of causing or allowing that proposal to be implemented; or

            (b)         contrary to, or otherwise than in accordance with, an implementation agreement or decision.

        (8)         If a decision-making authority makes a decision that has the effect of preventing the implementation of a proposal to which an amendment proposed under this section is related, the CEO does not have to make a decision on the amendment while the decision-making authority’s decision has effect.

        (9)         The CEO is to give the holder of the works approval or licence written notice of any amendment, revocation or suspension of the works approval or licence.

        (10)         Without limiting subsection (9), notice of an amendment can be given in the form of a revised works approval or licence document.

        [Section 59B inserted: No. 54 of 2003 s. 77.]