Western Australian Current Regulations

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ENVIRONMENTAL PROTECTION REGULATIONS 1987 - REG 20H

20H .         Approval of monitoring equipment, revoking

        (1)         The Chief Executive Officer may revoke an approval under regulation 20F if, in the Chief Executive Officer’s opinion —

            (a)         the equipment referred to in the certificate of approval is not considered to be suitable to be used in a specified monitoring programme; or

            (b)         the equipment referred to in the certificate of approval has not provided accurate measurements; or

            (c)         a person has, in relation to an application under regulation 20F(1), provided information in written or oral form that the person knew, or could reasonably be expected to have known, to be —

                  (i)         false or misleading in a material particular; or

                  (ii)         likely to deceive in a material way.

        (2)         An approval of approved monitoring equipment may be revoked if in the Chief Executive Officer’s opinion —

            (a)         that equipment has not been calibrated or operated in accordance with a condition imposed under regulation 20G; and

            (b)         that failure to comply with the condition could have materially affected the accuracy of the equipment or the reliability of the results obtained from that equipment.

        (3)         A revocation of an approval under regulation 20F is not effective unless the Chief Executive Officer has caused written notice of the intention to revoke the approval to be served personally or by post on the person who obtained the approval stating the grounds on which, and reasons for which, the revocation is to be made and has allowed the person 21 days to provide reasons as to why the Chief Executive Officer should not revoke the approval.

        (4)         If the Chief Executive Officer decides to revoke an approval, the Chief Executive Officer is to give the person who obtained the approval a notice in writing revoking the approval and stating the reasons for the revocation of the approval.

        [Regulation 20H inserted: Gazette 7 Jul 2000 p. 3681‑2; amended: Gazette 5 Jan 2001 p. 117‑18.]



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