Varying special permits—notice of proposed variation
41A Varying special permits—notice of proposed variation
Despite regulation 41, the CEO must not vary a special permit under that regulation unless:
the CEO has given a written notice to the holder of the permit in accordance with subregulation (2) of this regulation; and
the CEO has taken into account any information given, within 14 days after the day the notice is given to the permit holder, to the CEO in response to the notice.
A notice under paragraph (1)(a) must:
specify the proposed variation of the permit; and
specify the grounds for the proposed variation; and
invite the holder of the permit to give the CEO, within 14 days after the day the notice is given, a written statement showing cause why the permit should not be varied; and
include a statement setting out the holder’s right to seek review of a decision to vary the permit.
A notice under paragraph (1)(a) is not required if the CEO reasonably believes that the proposed variation is necessary to prevent or lessen a serious and imminent threat to human health or the environment.
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