Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 512
Amending or suspending enforceable undertaking—after show cause process
512 Amending or suspending enforceable undertaking—after show cause process
(1) The administering authority may amend or suspend an enforceable
undertaking if the administering authority is satisfied— (a) 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
(b) the
undertaking was accepted on the basis of a miscalculation of— (i) the
environmental values affected or likely to be affected by the relevant
activity; or
(ii) the quantity or quality of contaminant permitted to be
released into the environment; or
(iii) the effects of the release of a
quantity or the quality of contaminant permitted to be released into the
environment; or
(c) the amendment or suspension is necessary or desirable
because of an environmental audit, investigation or report under chapter 7 ,
part 2 ; or
(d) 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— (i) securing compliance with this Act; or
(ii) enhancing the
protection of the environment.
(2) The administering authority must give the
person who made the undertaking a notice that states— (a) the action that
the administering authority proposes to take; and
(b) if the action is an
amendment of the undertaking—the amendment; and
(c) if the action is a
suspension of the undertaking—the period of the suspension; and
(d) the
grounds for taking the action; and
(e) the facts and circumstances that are
the basis for the grounds; and
(f) that the person may make written
representations to show why the action should not be taken; and
(g) the
period, of at least 20 business days after the person is given the notice,
within which the person may make the representations.
(3) 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.
(4) The administering authority must consider any written
representation the person makes within the period stated in the notice.
(5)
If the administering authority still believes a ground exists to take the
action, the authority may decide to take the action.
(6) Within 10 business
days after making that decision, the administering authority must give the
person an information notice about the decision.
(7) 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.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback