Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 316P

316P Requirement to replace environmental authority if non-compliance with eligibility criteria

(1) This section applies if—

(a) an environmental authority is issued for a standard or variation application under part 5 ; and

(b) the relevant activity for the authority does not comply with the eligibility criteria for the activity.

(2) The administering authority may require the holder of the environmental authority to—

(a) make a site-specific application for a new environmental authority under part 2 to replace the environmental authority; or

(b) make an amendment application for the environmental authority under part 7 .

(3) Before making a requirement under subsection (2) , the administering authority must give written notice of the proposed requirement to the holder of the environmental authority.

(4) The notice must state the following—

(a) the grounds for the requirement;

(b) the facts and circumstances that are the basis for the grounds;

(c) that the holder may, within a stated period of at least 20 business days, make written representations to show why the requirement should not be made.

(5) The administering authority must, before deciding to make the requirement, consider the representations made by the holder within the stated period.

(6) The requirement does not take effect until—

(a) the holder is given an information notice about the decision; or

(b) if the information notice states a later day the requirement takes effect—the later day.

(7) The holder of the authority must comply with a requirement under subsection (2) .

Penalty—

Maximum penalty for subsection (7) —4,500 penalty units.