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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 620
Additional ground for changing or cancelling development conditions
620 Additional ground for changing or cancelling development conditions
(1) This section applies to a condition of an environmental authority given
continuing effect under section 619(2)(d) or (4)(d).
(2) The administering
authority for the environmental authority may change or cancel the condition
if— (a) 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
(b) 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
(c) the
conditions are otherwise unclear, uncertain or contradictory.
(3) 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.
(4) 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.
(5) If
the administering authority changes or cancels a condition, it must within 10
business days— (a) record the particulars of the change or cancellation in
the appropriate register; and
(b) give the registered operator— (i) a copy
of the development conditions as applying after the change or cancellation;
and
(ii) a registration certificate.
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