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ENVIRONMENT PROTECTION ACT 2017 - SECT 199

Refusal of application for reappointment as environmental auditor

    (1)     The Authority may refuse an application for reappointment—

        (a)     on any of the grounds referred to in section 193(3)(a), (b), (c), (d), (e) or (f); or

        (b)     if the refusal of the application for reappointment is justified having regard to—

              (i)     the quality of the environmental auditor's work in relation to preliminary risk screen assessments or environmental audits conducted during the environmental auditor's appointment; or

              (ii)     the quality of the environmental auditor's work in relation to any prescribed function of an environmental auditor; or

              (iii)     any formal or informal disciplinary action taken against the environmental auditor under this Act; or

              (iv)     any other matter that the Authority considers to be relevant to the environmental auditor's suitability for reappointment; or

              (v)     for any other prescribed reason.

    (2)     In making a decision to approve or refuse an application for reappointment, the Authority must have regard to any relevant guidelines issued under section 203.

    (3)     If the Authority proposes to refuse an application for reappointment under this section, the Authority must give written notice to the environmental auditor that—

        (a)     the Authority intends to refuse an application for reappointment and the reasons for the proposed refusal; and

        (b)     the environmental auditor may make submissions to the Authority in relation to the proposed refusal.

    (4)     The Authority must not refuse an application for reappointment unless the Authority

        (a)     has given the environmental auditor written notice under subsection (3); and

        (b)     has given the environmental auditor a reasonable opportunity to make submissions; and

        (c)     has taken into consideration any submissions made by the environmental auditor.

    (5)     If the Authority decides to approve an application for reappointment, the Authority must give written notice to the environmental auditor of—

        (a)     the Authority's decision; and

        (b)     any conditions to which the reappointment is subject; and

        (c)     the period of reappointment (not exceeding 3 years).

S. 200 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 1230, 3/2020 ss 4244, 47/2020 s. 26).



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