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s 38

Amendment or revocation of conditions

In force
Part 5Environment protection approvals and licences, best practice licences and emergency authorisations
Division 2Conditions of approvals and licences

38 Amendment or revocation of conditions

(1)

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

(g)

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.

(4)

The NT EPA must have regard to:

(a)

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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