Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:2_13bh
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 2 cl 13BH
Character Range: 34941–36541

13BH  Suspension or revocation of environmental protection approval
 (1) The Minister may, by written notice given to the holder of an environmental protection approval, suspend or revoke the approval if:
 (a) the Minister is satisfied that a condition imposed on the approval has not been, or is not being, complied with; or
 (b) the Minister considers the suspension or revocation is appropriate in all the circumstances.

When suspension or revocation takes effect
 (2) If an environmental protection approval is suspended or revoked under subsection (1), the suspension or revocation takes effect on a day specified in the notice (which must be at least 5 days after the day on which the notice is given).

Period of suspension etc.
 (3) If an environmental protection approval is suspended under subsection (1), the notice must specify the period of suspension (which must not be longer than 90 days after the day on which the suspension takes effect).
 (4) If:
 (a) an environmental protection approval in relation to an activity is suspended under subsection (1); and
 (b) proceedings relating to either of the following are started while the approval is suspended:
 (i) an offence against this Act that relates to the carrying on of the activity;
 (ii) a contravention of a civil penalty provision that relates to the carrying on of the activity;
then, despite subsection (3), the period of suspension continues until the proceedings (including any appeal) are completed.
 (5) The suspension of an environmental protection approval does not prevent its revocation.

Division 6—Miscellaneous