Environmental Protection Act 1994

The administering authority may amend or suspend an enforceable undertaking if the administering authority is satisfied—

the undertaking was accepted relying on a representation or declaration, made either orally or in writing, that was false or misleading in a material particular; or

the undertaking was accepted on the basis of a miscalculation of—

the environmental values affected or likely to be affected by the relevant activity; or

the quantity or quality of contaminant permitted to be released into the environment; or

the effects of the release of a quantity or the quality of contaminant permitted to be released into the environment; or

the amendment or suspension is necessary or desirable because of an environmental audit, investigation or report under chapter 7, part 2; or

the amendment or suspension is necessary or desirable because of a significant change in the way in which, or the extent to which, the relevant activity is being carried out that affects the likelihood of the undertaking—

securing compliance with this Act; or

enhancing the protection of the environment.

The administering authority must give the person who made the undertaking a notice that states—

the action that the administering authority proposes to take; and

if the action is an amendment of the undertaking—the amendment; and

if the action is a suspension of the undertaking—the period of the suspension; and

the grounds for taking the action; and

the facts and circumstances that are the basis for the grounds; and

that the person may make written representations to show why the action should not be taken; and

the period, of at least 20 business days after the person is given the notice, within which the person may make the representations.

If the administering authority proposes to amend the enforceable undertaking, the notice must be accompanied by a copy of the undertaking that shows the amendment.

The administering authority must consider any written representation the person makes within the period stated in the notice.

If the administering authority still believes a ground exists to take the action, the authority may decide to take the action.

Within 10 business days after making that decision, the administering authority must give the person an information notice about the decision.

If the administering authority, at any time, decides not to take the action, the administering authority must promptly give the person written notice of the decision.