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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 278
Cancellation or suspension by administering authority
278 Cancellation or suspension by administering authority
(1) The administering authority may cancel or suspend an environmental
authority if an event mentioned in subsection (2) has happened and the
procedure under division 2 is followed.
(2) For subsection (1) , the events
are as follows— (a) the environmental authority was issued because of a
materially false or misleading certificate, declaration or representation,
made either orally or in writing;
(b) financial assurance required under a
condition of the environmental authority has not been given in the amount or
in the form required under the notice given under section 311 ;
(baa) an
application by the environmental authority holder made under section 312 to
increase the amount of financial assurance given for the authority has been
approved but the amount of the increase of the financial assurance has not
been given;
(ba) the administering authority has, under section 315 ,
required the holder of the environmental authority to change the amount of
financial assurance and the holder has not complied with the requirement;
(c)
the administering authority has, under section 316 (2) (b) , directed the
holder to replenish financial assurance for the environmental authority and
the holder has not complied with the direction;
(ca) the holder has failed to
comply with a requirement to pay a contribution or give a surety to the scheme
manager under the
Mineral and Energy Resources (Financial Provisioning) Act 2018 ;
(cb) if a
PRCP schedule applies for carrying out relevant activities under the
environmental authority—the holder has failed to comply with the schedule;
(d) the environmental authority holder is, after the giving of the
environmental authority, convicted of an environmental offence;
(e) the
environmental authority holder’s registration as a suitable operator is
cancelled or suspended, or is proposed to be cancelled or suspended, under
chapter 5A , part 4 , division 2 ;
(f) the holder has been given an annual
notice, audit notice or surrender notice and the notice has not been complied
with;
(g) if an SDA approval under the State Development Act is necessary
under that Act for carrying out an environmentally relevant activity for the
authority—the approval lapses or otherwise ends, or the Coordinator-General
refuses to give the approval;
(h) if the authority is for a prescribed
ERA—a development application for any necessary development permit for a
material change of use of premises relating to the prescribed ERA lapses or is
refused or withdrawn;
(i) if the authority is for a resource activity—a
relevant tenure for the authority has not been granted under resource
legislation.
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