ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 143 Variation of conditions attached to approval

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 143

Variation of conditions attached to approval

(1): The Minister may, by written instrument, revoke, vary or add to any conditions attached to an approval under this Part of an action if:

(a): any condition attached to the approval has been contravened; or
(b): both of the following conditions are satisfied:

(i): the action has had a significant impact that was not identified in assessing the action on any matter protected by a provision of Part 3 for which the approval has effect, or the Minister believes the action will have such an impact;
(ii): the Minister believes it is necessary to revoke, vary or add a condition to protect the matter from the impact; or

(c): the person whose taking of the action was approved agrees to the proposed revocation, variation or addition and the Minister is satisfied that any conditions attached to the approval after the proposed revocation, variation or addition are necessary or convenient for:

(i): protecting a matter protected by any provision of Part 3 for which the approval has effect; or
(ii): repairing or mitigating damage to a matter protected by a provision of Part 3 for which the approval has effect (whether or not the damage has been, will be or is likely to be caused by the action).

(2): The Minister may, by written instrument, revoke any condition attached to an approval under this Part of an action if the Minister is satisfied that the condition is not needed to protect any matter protected by a provision of Part 3 for which the approval has effect.
(3): In deciding whether or not to revoke, vary or add to any conditions attached to the 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, variation or addition 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 relates; and
(b): publish the instrument in accordance with the regulations.

: Note: If the person is not satisfied with changed conditions attached to the approval of the person's action, he or she can ask the Minister to reverse the change by making another change to the conditions under this section.

(6): However, the Minister must not publish so much of the instrument as:

(a): is an exempt document under the Freedom of Information Act 1982 on the grounds of commercial confidence; or
(b): the Minister believes it is in the national interest not to publish.

The Minister may consider the defence or security of the Commonwealth when determining what is in the national interest. This does not limit the matters the Minister may consider.

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