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ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005) - SECT 28

28—Amendment of section 43—Term and renewal of environmental authorisations

        (1)         Section 43—after subsection (4) insert:

        (4a)         Before determining an application for renewal, the Authority may, by notice in writing served on an applicant, require the applicant—

            (a)         to undertake public consultation in relation to the application, in accordance with requirements specified in the notice; and

            (b)         to report to the Authority, at a time and in a manner specified in the notice, on the results of the consultation.

        (2)         Section 43(5)—after "section" first occurring insert:

and to the applicant complying with any notice under subsection (4a)

        (3)         Section 43(6)—delete subsection (6) and substitute:

        (6)         The Authority may, of its own initiative and without application by the holder of an environmental authorisation, renew the authorisation if the Authority is satisfied that it is necessary or appropriate for the protection or restoration of the environment that the holder of the authorisation be bound by conditions of an authorisation (and may do so notwithstanding that the activity undertaken pursuant to the authorisation has ceased but only if the activity ceases after the commencement of this subsection).



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