Environmental Protection Act 1994

This section applies to a condition of an environmental authority given continuing effect under section 619(2)(d) or (4)(d).

The administering authority for the environmental authority may change or cancel the condition if—

the change or cancellation is necessary because the condition is no longer appropriate as a development condition of a development approval for the activity; or

the condition needs to be changed or cancelled so that the administering authority, in applying section 619, can accurately and reliably identify the conditions of the development approval; or

the conditions are otherwise unclear, uncertain or contradictory.

However, the administering must not act under subsection (2) if the change to or cancellation of the condition adversely affects the interests of the registered operator for the activity.

If the condition is changed it must in substance reflect the intent of the condition as included in the environmental authority as it existed before section 619 commenced.

If the administering authority changes or cancels a condition, it must within 10 business days—

record the particulars of the change or cancellation in the appropriate register; and

give the registered operator—

a copy of the development conditions as applying after the change or cancellation; and

a registration certificate.