New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 58

58 Variation of licences

(1) The appropriate regulatory authority may vary a licence, including the conditions of the licence.

(2) A variation includes the following--

(a) attaching a condition to a licence, whether or not conditions are already attached to the licence,

(b) substituting, omitting or amending a condition of a licence.

(3) A licence may be varied--

(a) on application and payment of the fee prescribed by the regulations by the holder of the licence, or

(b) on the initiative of the appropriate regulatory authority.

(3A) The regulations may also provide for the waiver or refund of the fee in the circumstances prescribed by the regulations.

(4) A licence may be varied at any time during its currency, including on its being transferred to another person.

(5) A licence is varied by notice in writing given to the holder of the licence.

(6) If--

(a) the variation of a licence will authorise a significant increase in the environmental impact of the activity authorised or controlled by the licence, and

(b) the proposed variation has not, for any reason, been the subject of environmental assessment and public consultation under the Environmental Planning and Assessment Act 1979 ,

the appropriate regulatory authority is to invite and consider public submissions before it varies the licence.