Environment Protection Act 1993

The Authority may impose conditions of an environmental authorisation with respect to such matters as are contemplated by this Act or as the Authority considers necessary or expedient for the purposes of this

The Authority may impose a condition of an environmental authorisation, or vary or revoke a condition previously imposed by the

The Authority may impose or vary a condition of an environmental authorisation—

on the granting or renewal of the authorisation; or

if the authorisation is granted or renewed for a term exceeding one year—at any time during the period of three calendar months following the anniversary of the date on which the authorisation was granted or renewed (provided that such conditions may only be of a type described in section 52(1)); or

at any time—

with the consent of the person holding the authorisation;

where the Authority considers that it is necessary to impose or vary the condition in consequence of—

contravention of this Act by the person holding the authorisation;

risk of material or serious environmental harm; or

the making or amendment of an environment protection policy;

the making or amendment of a national environment protection measure; or

if, in the case of a condition imposing a maximum allowable stockpile limit, the Authority considers it necessary to impose or vary the condition in order to promote the circulation of materials through the waste management process; or

as provided by a condition of the authorisation or a provision of this Act or the regulations under this Act.

The Authority may revoke a condition at any time.

The holder of an environmental authorisation must not contravene a condition of the authorisation. Maximum penalty:

in the case of a body corporate—$120 000;

in the case of a natural person—$60 000. Expiation fee:

for a prescribed condition—the corresponding prescribed expiation fee;

for any other condition (other than a reporting-deadline condition)—$1 000.

Where the holder of an authorisation (including the holder of an authorisation that has been suspended) fails to comply with a reporting-deadline condition, the Authority may, by notice in writing, require the holder to make good the default and, in addition, to pay the Authority the amount prescribed as a penalty for default.

A penalty for default payable under subsection (6) is recoverable by the Authority as a debt due to the Authority.

If a requirement under a provision of this Act relates to activities carried on under an environmental authorisation, the requirement will, subject to the terms of the provision—

apply in relation to such activities, whether the environmental authorisation authorising the activities was granted before or after the commencement of the provision; and

prevail over conditions of such an environmental authorisation to the extent of any inconsistency.

In this section—