Notice and submissions in respect of proposed variations of conditions
46 Notice and submissions in respect of proposed variations of conditions
Subject to this section, if the Authority proposes to vary the conditions of an environmental authorisation, the Authority must first—
give notice in writing of the proposed variation to the holder of the authorisation—
setting out the reasons for the proposed variation;
and
inviting the holder of the authorisation to make written submissions in relation to the proposed variation within a period specified in the notice (being not less than 14 days from the day on which the notice is given to the holder); and
cause public notice of the proposed variation to be published in a manner and form determined by the Authority to be most appropriate in the circumstances—
setting out the reasons for the proposed variation;
and
inviting interested persons to make written submissions in relation to the proposed variation within a period specified in the notice (being not less than 14 days from the date of publication as specified in the notice for the purpose); and
if the proposed variation relates to an activity that is to be undertaken on a particular piece of land—cause notice of the proposed variation to be given to the owner or occupier of each piece of adjacent land—
setting out the reasons for the proposed variation;
and
inviting the owner or occupier to make written submissions in relation to the proposed variation within a period specified in the notice (being not less than 14 days from the day on which the notice is given to the owner or occupier).
Subject to this section, if the Authority proposes to vary the conditions of an environmental authorisation that authorises an activity for which a permit would, but for section 106 of the
Landscape South Australia
Act 2019, be required under that Act, the Authority must first give notice to the authority under that Act to whom an application for a permit for that activity would otherwise have to be made that—
sets out the reasons for the proposed variation; and
invites the authority to make written submissions in relation to the proposal within a period specified in the notice (being not less than 14 days after the notice is given to the authority).
The Authority must, if it considers it appropriate in the circumstances, cause the public notice to be published, in addition, in a local newspaper circulating in the area in which activity is or is to be undertaken pursuant to the environmental authorisation.
Notice of a proposed variation is not required to be given to the holder of the environmental authorisation if—
the proposed variation is to be made with consent of the holder;
or
the proposed variation consists of the revocation of a condition.
Public notice under subsection (1)(b) and notice under subsection (1a) are not required if the proposed variation does not result in any relaxation of the requirements imposed for the protection or restoration of the environment by or under this Act on the holder of the environmental authorisation.
Notice is not required to be given to an owner or occupier of adjacent land under subsection (1)(c)—
if the proposed variation—
does not result in any relaxation of the requirements imposed for the protection or restoration of the environment by or under this Act on the holder of the environmental authorisation; and
will not, in the opinion of the Authority, result in any adverse effect on the adjoining land or on the amenity value of the adjoining land;
or
in circumstances prescribed by regulation.
No notice is required in respect of—
a proposed variation of conditions of a licence to conduct a waste transport business (category B) as described in
Part
A of
Schedule
1; or
a proposed variation to be made to correct an error or make a change of form (not involving a change of substance); or
a proposed variation of a kind prescribed by regulation.
Where written submissions are made in response to a notice published under subsection (1)(b) or given to the owner or occupier of adjacent land under subsection (1)(c), the Authority must forward a copy of the submissions to the holder of the environmental authorisation and allow the holder of the environmental authorisation an opportunity to respond, in writing, to the submissions within a period specified by the
Authority.
For the purposes of this section, a reference to the
variation of conditions includes a reference to the revocation of a condition or the imposition of a condition or further condition after the grant of the authorisation.
A notice to be given to the owner or occupier of adjacent land under subsection (1)(c) may be given by addressing it to the
"owner or occupier" and posting it to, or leaving it at, the adjacent land.
In this section—
adjacent land, in relation to other land, means land—
that abuts on the other land; or
that is no more than 60 metres from the other land and is directly separated from the other land only by—
a road, street, footpath, railway or thoroughfare; or
a watercourse; or
a reserve or other similar open space.
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