Best practice licence may be downgraded to environment protection licence, &c.
44 Best practice licence may be downgraded to environment protection licence, &c.
The NT EPA may downgrade a best practice licence if satisfied that:
a requirement specified in section 33 has not been complied with;
or
a condition of the best practice licence has not been complied with.
The NT EPA must give notice of the downgrading of a best practice licence to the holder of the licence.
Where a best practice licence is downgraded under subsection
, the licence is to be taken, on and from the date on which notice is given under subsection (2), to be an environment protection licence subject to the same conditions as those imposed on the best practice licence.
The NT EPA may upgrade to a best practice licence an environment protection licence that was downgraded under subsection (1) if satisfied that:
the requirement specified in section 33 that was not complied with has been complied with;
the condition of the best practice licence that was not complied with has been complied with; and
the requirements of section 33, other than the requirement specified in section 33(a), have been complied with.
The NT EPA must give notice of the upgrading of an environment protection licence to the holder of the licence.
Where an environment protection licence is upgraded under subsection (4), the licence is to be taken, on and from the date on which notice is given under subsection (5), to be a best practice licence subject to the same conditions as those imposed on the environment protection licence.
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