Direction by CEO to carry out environmental audit
142 Direction by CEO to carry out environmental audit
The CEO may direct an approval holder to cause an environmental audit to be carried out by a qualified person if the CEO believes or suspects on reasonable grounds that:
the approval holder has contravened, or is likely to contravene, a condition of the environmental approval; or
the approval holder, in carrying out an action, is carrying out, or has carried out, a prohibited action or an action in a protected environmental area that is prohibited in that area; or
the approval holder has otherwise contravened, or is likely to contravene, this Act; or
the environmental impacts that the action authorised by the environmental approval has, has had, or is likely to have are significantly greater than was indicated in the information that was available to the Minister when the environmental approval was granted.
The CEO may direct a mining operator who is the holder of an environmental (mining) licence to cause an environmental audit to be carried out by a qualified person if the CEO believes or suspects on reasonable grounds that:
the mining operator has contravened, or is likely to contravene, the environmental (mining) licence; or
the mining operator, in carrying out a mining activity, is carrying out, or has carried out, a prohibited action or an action in a protected environmental area that is prohibited in that area; or
the mining operator has otherwise contravened, or is likely to contravene, this Act; or
the environmental impacts that the mining activity authorised by the environmental (mining) licence has, has had, or is likely to have are significantly greater than was indicated in the information that was available to the Minister when the environmental (mining) licence was granted.
The CEO may direct a person to cause an environmental audit to be carried out by a qualified person if the CEO believes or suspects on reasonable grounds that the person is carrying out, or has carried out, a prohibited action or an action in a protected environmental area that is prohibited in that area.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.