Environment Protection and Biodiversity Conservation Act 1999

The Minister may, by written instrument, revoke an approval under this Part for the purposes of a specified provision of Part 3 if:

a significant impact on the matter protected by the provision has occurred because of the contravention of a condition attached to the approval; or

the conditions specified in subsection (2) are satisfied.

The conditions are that:

the action has had, or the Minister believes that the action will have, a significant impact that was not identified in assessing the action on a matter protected by a provision of Part 3 for which the approval has effect; and

the approval would not have been granted if information that the Minister has about that impact had been available when the decision to approve the action was made.

The Minister may, by written instrument, revoke an approval under this Part of an action for the purposes of a specified provision of Part 3 if he or she believes that:

the impacts that the action has had, will have or is likely to have were not accurately identified in information available to the Minister when the approval was given; and

the information did not accurately identify those impacts because of negligence or a deliberate act or omission by the person proposing to take the action or the designated proponent of the action.

The Minister may, by written instrument, revoke an approval under this Part for the purposes of a specified provision of Part 3 if:

either:

the Minister believes on reasonable grounds that there has been a contravention of a condition attached to the approval; or

if a condition attached to the approval is to the effect that the approval is subject to a thing being done within a particular time—the Minister believes on reasonable grounds that the thing has not been done within that time; and

the Minister is satisfied that:

the approval would not have been granted without that condition being attached; or

because of the failure to comply with the requirement, the revocation is reasonably necessary to protect a matter protected by a provision of Part 3 for which the approval has effect.

In deciding whether or not to revoke an approval of the taking of an action by a person, the Minister may have regard to:

the person’s history in relation to environmental matters; and

if the person is a body corporate—the history of its executive officers in relation to environmental matters; and

if the person is a body corporate that is a subsidiary of another body or company (the parent body)—the history in relation to environmental matters of the parent body and its executive officers.

The revocation takes effect on the day specified in the instrument. The Minister must not specify a day earlier than the day the instrument is made.

As soon as possible after making the instrument, the Minister must:

give a copy of it to the person who was the holder of the approval; and

publish the instrument in accordance with the regulations.