Document ID: chunk:federal_register_of_legislation:C2024C00598:section:144:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 144 (pt 1/2)
Character Range: 393155–395789

144  Suspension of approval
 (1) The Minister may, by written instrument, suspend the effect of an approval under this Part for the purposes of a specified provision of Part 3 for a specified period (which must not start before the day on which the instrument is made) if the Minister believes on reasonable grounds that:
 (a) a significant impact on the matter protected by the provision has occurred because of the contravention of a condition attached to the approval; or
 (b) the conditions specified in subsection (2) are satisfied.
 (2) The conditions are that:
 (a) the action has had, or the Minister believes that the action will have, a significant impact that was not identified in assessing the action on a matter protected by a provision of Part 3 for which the approval has effect; and
 (b) the approval would not have been granted if information that the Minister has about that impact had been available when the decision to approve the action was made.
 (2A) The Minister may, by written instrument, suspend the effect of an approval under this Part for the purposes of a specified provision of Part 3 for a specified period (which must not start before the day on which the instrument is made) if:
 (a) either:
 (i) the Minister believes on reasonable grounds that there has been a contravention of a condition attached to the approval; or
 (ii) if a condition attached to the approval is to the effect that the approval is subject to a thing being done within a particular time—the Minister believes on reasonable grounds that the thing has not been done within that time; and
 (b) the Minister is satisfied that:
 (i) the approval would not have been granted without that condition being attached; or
 (ii) because of the failure to comply with the requirement, the suspension is reasonably necessary to protect a matter protected by a provision of Part 3 for which the approval has effect.
 (3) In deciding whether or not to suspend an approval of the taking of an action by a person, the Minister may have regard to:
 (a) the person's history in relation to environmental matters; and
 (b) if the person is a body corporate—the history of its executive officers in relation to environmental matters; and
 (c) if the person is a body corporate that is a subsidiary of another body or company (the parent body)—the history in relation to environmental matters of the parent body and its executive officers.
 (4) During the specified period, the specified provision of Part 3 applies as if the Minister had not given the approval.
 (5) As soon as possible after making the instrument, the Minister must:
 (a) give a