New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 293A

293A Alteration, suspension or termination of a scheme

(1) The EPA may alter, suspend or terminate a scheme referred to in section 293 or any part of such a scheme.

(2) Before taking any such action, the EPA must--

(a) cause notice of its intention to do so to be published in the Gazette and in such other manner as the EPA is satisfied is likely to bring the notice to the attention of the members of the public generally or in the locality in which the scheme operates, and

(b) in that notice, invite the public to make submissions on the proposed alteration, suspension or termination, and

(c) allow a period of not less than 21 days for the receipt of those submissions.

(3) The EPA must take into account any submission received within that period in deciding whether to proceed with the alteration, suspension or termination.

(4) The EPA may alter the scheme or part of the scheme without complying with subsections (2) and (3) if it considers that--

(a) the alteration is not significant, or

(b) the alteration is necessary because of an emergency.

(5) The EPA may suspend the scheme or part of the scheme without complying with subsections (2) and (3) if it considers that--

(a) the suspension is required urgently in order to protect the environment, public health, property, or the integrity of the scheme, or

(b) the suspension is necessary because of an emergency.

(6) The EPA may terminate the scheme or part of the scheme without complying with subsections (2) and (3) if it considers that the termination is necessary because of an emergency.