Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:2_13bf
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 2 cl 13BF
Character Range: 31723–33658

13BF  Imposition, variation and revocation of conditions
 (1) Subject to subsection (5), the Minister may at any time:
 (a) impose conditions, or additional conditions, on an environmental protection approval; or
 (b) vary or revoke conditions imposed on an environmental protection approval (other than the conditions imposed under section 13BE).
 (2) The Minister's power under subsection (1) may be exercised:
 (a) on the Minister's own initiative; or
 (b) at the request of the holder of an environmental protection approval.

Request that condition be imposed etc.
 (3) The holder of an environmental protection approval may request the Minister to impose a condition on, or to vary or revoke a condition imposed on, the approval.
 (4) The request must be made in writing and set out the reasons for the making of the request.
 (5) If a request is made under subsection (3), the Minister must not impose a condition on, or vary or revoke a condition imposed on, the environmental protection approval unless the Minister is satisfied that the reasons set out in the request justify the imposition, variation or revocation.

Notice of decision etc.
 (6) If the Minister imposes a condition on, or varies or revokes a condition imposed on, an environmental protection approval after it is granted:
 (a) the Minister must give the holder of the approval written notice of the imposition, variation or revocation; and
 (b) the imposition, variation or revocation takes effect on the day specified in the notice (which must be at least 5 days after the day on which the notice is given).
 (7) If:
 (a) the holder of an environmental protection approval makes a request under subsection (3); and
 (b) the Minister refuses to comply with the request;
the Minister must give the holder written notice of the decision and the reasons for the decision.

Division 4—Variation, suspension and revocation of environmental protection approvals