Document ID: chunk:federal_register_of_legislation:C2024C00598:section:143:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 143 (pt 1/2)
Character Range: 387625–390264

143  Variation of conditions attached to approval
 (1) The Minister may, by written instrument, revoke, vary or add to any conditions (other than the condition referred to in subsection 134(1A)) attached to an approval under this Part of an action if:
 (a) any condition attached to the approval has been contravened; or
 (b) both of the following conditions are satisfied:
 (i) the action has had a significant impact that was not identified in assessing the action on any matter protected by a provision of Part 3 for which the approval has effect, or the Minister believes the action will have such an impact;
 (ii) the Minister believes it is necessary to revoke, vary or add a condition to protect the matter from the impact; or
 (ba) all of the following conditions are satisfied:
 (i) the action has had a significant impact on a matter protected by a provision of Part 3 for which the approval has effect, or the Minister believes the action will have such an impact;
 (ii) the Minister is satisfied that the impact is substantially greater than the impact that was identified in assessing the action;
 (iii) the Minister believes it is necessary to revoke, vary or add a condition to protect the matter from the impact; or
 (c) the holder of the approval agrees to the proposed revocation, variation or addition, or the Minister has extended the period for which the approval has effect under section 145D, and the Minister is satisfied that any conditions attached to the approval after the proposed revocation, variation or addition are necessary or convenient for:
 (i) protecting a matter protected by any provision of Part 3 for which the approval has effect; or
 (ii) repairing or mitigating damage to a matter protected by a provision of Part 3 for which the approval has effect (whether or not the damage has been, will be or is likely to be caused by the action).
 (1A) If, under paragraph (1)(c), the holder of an approval agrees to conditions mentioned in paragraph 134(3)(e) (about an action management plan) being added and attached to the approval, the holder is taken to have made an election under section 132B before the approval was granted.
 (1B) The holder of an approval may request the Minister, in writing, to vary a condition attached to an approval of an action.
 (2) The Minister may, by written instrument, revoke any condition (other than the condition referred to in subsection 134(1A)) attached to an approval under this Part of an action if the Minister is satisfied that the condition is not needed to protect any matter protected by a provision of Part 3 for which the approval has effect.
 (3) In