Environmental Protection Act 1994

Division 2 (other than section 335(1)) applies, with all necessary changes, to an application by the holder of a transitional environmental program for an environmentally relevant activity to amend the program.

Without limiting subsection (1), if the holder makes an application for an amendment of the program that extends the period over which the program is to be carried out to longer than 5 years, section 335(2) and (3) applies to the application as if the application were for the issue of a transitional environmental program.

Also, the administering authority may approve the amendment only if it is satisfied it will not result in increased environmental harm being caused by the carrying out of the activity under the amended approval than the environmental harm that would be caused by carrying out the activity if the approval were not granted.

Without limiting the matters to be considered in deciding the application, the administering authority must have regard to—

the period under the original program; and

the period that remains under the original program; and

any change to the period under the original program; and

the nature of the risk of environmental harm being caused by the activity.