Environment Protection Act 1997

Subject to subsection (2), before acting under section 60, the authority must give the holder of the environmental authorisation a notice—

stating that the authority is proposing to vary the authorisation; and

stating the nature of, and the reasons for, the proposed variation; and

inviting a written submission on the proposed variation on or before a specified date, being a date 10 working days after the date of the notice.

This section does not apply if—

the variation is for the sole purpose of correcting an error or omission of a formal nature and the holder of the authorisation has given written consent to the variation; or

the authority—

has reasonable grounds for believing that the authorised activity is causing, or in the immediate future will cause or is likely to cause, serious or material environmental harm; and

is satisfied that the variation will assist in reducing or preventing that harm; or

the variation is in accordance with an application under section 60 (1) (a).