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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 616ZA
Additional ground for changing or cancelling development conditions
616ZA Additional ground for changing or cancelling development conditions
(1) The administering authority may change or cancel a condition of the
environmental authority if— (a) the change or cancellation is necessary
because the condition is no longer appropriate as a development condition of a
development approval for the activity; or
(b) the condition needs to be
changed or cancelled so that the administering authority, in applying
section 616Z, can accurately and reliably identify the conditions of the
development approval; or
(c) the conditions are otherwise unclear, uncertain
or contradictory.
(2) However, the administering authority must not act under
subsection (1) if the change or cancellation adversely affects the interests
of the registered operator for the activity.
(3) If the condition is changed
it must in substance reflect the intent of the condition as included in the
environmental authority as it existed before the commencement.
(4) If the
administering authority changes or cancels a condition, it must within 10
business days— (a) record the particulars of the change or cancellation in
the appropriate register; and
(b) give the registered operator— (i) a copy
of the development conditions as applying after the change or cancellation;
and
(ii) a registration certificate.
(5) In this section—
"condition" , of the environmental authority, does not include any condition
taken to be included under section 616Z(2).
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