Commonwealth Numbered Regulations

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 2000 NO. 181 - REG 17.09

Varying or revoking conditions
(1)
The Minister may, by written notice to a holder of a permit issued by the Minister, vary or revoke a condition of the permit, or impose a further condition on the permit, in accordance with subregulation (3).

(2)
The Director may, by written notice to a holder of a permit issued by the Director, vary or revoke a condition of the permit, or impose a further condition on the permit, in accordance with subregulation (3).

(3)
However, the Minister or Director may take action under subregulation (1) or (2) only if the permit, as changed by the action, could have been issued in accordance with:

(a)
a provision of the Act mentioned in paragraph 17.01 (a); or

(b)
subregulation 17.03 (2).

(4)
A holder of a permit may apply in writing for the variation or revocation of a condition of the permit.

(5)
An application under subregulation (4) must be accompanied by:

(a)
a fee in accordance with Part 18; and

(b)
for a permit to which paragraph 17.01 (b) or (c) applies:

(i)
the reference number given to the permit; and
(ii)
a statement of the reasons the holder thinks the condition of the permit should be varied or revoked.
(6)
A person who makes a decision under subregulation (1) or (2) must give each holder of the permit written notice of the decision.

(7)
If a condition of a permit must be varied, revoked or imposed to make sure that matters or circumstances, about which the Minister or Director must be satisfied when issuing the permit, continue to apply, the Minister or Director must:

(a)
vary or revoke the condition (whether or not an application has been made under this regulation); or

(b)
impose the further condition.

(8)
The Minister or Director must give a holder of the permit written notice of a decision under subregulation (1), (2) or (7).


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