Queensland Consolidated Acts

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 54ZG

54ZG Cancellation or suspension for grounds including contravention or unforeseen significant impact

(1) The Coordinator-General may cancel an environmental approval, or suspend it for a period, in relation to a specified provision if the Coordinator-General reasonably believes a ground for cancellation or suspension mentioned in subsection (2) , (3) or (4) exists.

(2) An environmental approval may be cancelled or suspended in relation to a specified provision if—

(a) the approval or a condition of the approval has been contravened; and

(b) either—

(i) the contravention has caused a significant impact on the environmental matter protected by the specified provision; or

(ii) because of the contravention, cancelling or suspending the approval is reasonably necessary to protect the environmental matter protected by the specified provision.

(3) An environmental approval may be cancelled or suspended in relation to a specified provision if—

(a) the coordinated project has had, will have or is likely to have a significant impact on the environmental matter protected by the specified provision; and

(b) the impact was not identified during the assessment of the project; and

(c) the approval would not have been issued, or would have been issued with particular conditions, if information about the impact were available to the Coordinator-General during the assessment of the project.

(4) An environmental approval may be cancelled or suspended in relation to a specified provision if—

(a) information provided to the Coordinator-General during the assessment of the project did not accurately identify the likely impacts of the coordinated project on the environmental matter protected by the specified provision; and

(b) the information was inaccurate because of the proponent’s negligence or deliberate act or omission.

(5) In this section—

"assessment" , of a coordinated project, means either or both of the following—

(a) the Coordinator-General’s assessment of the project under division 3 for the purpose of deciding whether to issue an environmental approval or impose a condition on the approval;

(b) if the environmental approval for the project was amended under division 4 —the Coordinator-General’s consideration of an amendment application for the project under division 4 for the purpose of deciding whether to amend the approval or a condition of the approval.