41CKMinister may vary Part III authority

41CK Minister may vary Part III authority

Variation in response to failure to comply with authority (1) The Minister may, in writing, vary a Part III authority if: (a) a person on whom the authority has been conferred has failed to comply with a condition or restriction to which the authority is subject, or with a requirement imposed by the authority; and (b) the Minister considers that the variation is an appropriate response to that failure. Variation to extend period for which authority is in force (2) The Minister may, in writing, vary a Part III authority by extending the period for which the authority is in force. Variation to ensure continued effective operation of authority (3) The Minister may, in writing, vary a Part III authority if the Minister considers that doing so is necessary to ensure the continued effective operation of the authority. Variation to specify close‑out conditions (4) The Minister may, in writing, vary a Part III authority by specifying in the authority conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied in relation to the whole, or a part, of the land in the Ranger Project Area.

Note: Subsection 41CH(1) permits a Part III authority to specify conditions of this kind. Subsection 41CH(2) mentions some ways in which a Part III authority may specify conditions of this kind.

(5) However, if a Part III authority already specifies conditions (the existing conditions) of that kind, then a variation of the authority under subsection (4) must not: (a) vary the existing conditions (other than in minor or technical ways) or remove the existing conditions; or (b) specify conditions that are inconsistent with the existing conditions. Powers of variation under this section are independent (6) A power to vary a Part III authority under a subsection in this section is in addition to, and does not limit, a power to vary a Part III authority under any other subsection in this section.