Amendment or revocation of conditions
38 Amendment or revocation of conditions
The NT EPA may:
(a) amend a condition of an environment protection approval or a licence; or
(b) subject to section 36, impose a new condition on an environment protection approval or a licence.
(2) The NT EPA may only amend a condition or impose a new condition if:
(a) the amendment or condition is requested by the holder of the approval or licence;
(b) the holder of the approval or licence has contravened or failed to comply with a provision of this Act;
(c) there is a risk of pollution resulting in material environmental harm or serious environmental harm;
(d) it is necessary or desirable for the purposes of an environment protection objective;
(e) the NT EPA is permitted or required to do so by or under this Act;
(f) a licence has been or is to be downgraded or upgraded under section 44; or
the approval or licence is to be transferred.
(3) The NT EPA may revoke a condition of an environment protection approval or a licence as it thinks fit.
The NT EPA must have regard to:
the matters specified in section 32(1); and
(b) in relation to a best practice licence – the matters specified in section 33,
in determining whether to amend or revoke a condition or to impose a new condition on an approval or licence.
(5) The NT EPA must give notice of the amendment or revocation of a condition of, or the imposition of a new condition on, an environment protection approval or a licence to the holder of the approval or licence.
(6) An amendment or a revocation of a condition under subsection (1) or (3), and the imposition of a new condition under subsection (1), takes effect:
(a) on the date on which notice is given to the person under subsection (5); or
(b) where a later date is provided for in the notice – on the later date.
Division 3 Miscellaneous matters
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