215Cancellation and variation in other circumstances

215 Cancellation and variation in other circumstances

215 Cancellation and variation in other circumstances

(1) This section applies if—

(a) the Competent Authority considers a ground exists to cancel or vary an administrative determination or an approval (the proposed action), and

(b) sections 212–214 do not apply to the proposed action.

(2) The Competent Authority must give a written notice to the person to whom the determination applies, or the approval was given, that—

(a) states what the proposed action is, and

(b) if the proposed action is to vary the determination or approval—sets out the proposed variation, and

(c) sets out the ground for the proposed action, and

(d) outlines the facts and other circumstances forming the basis for the ground, and

(e) invites the person to state in writing, within a specified period of at least 28 days after the day on which the notice is given to the person, why the proposed action should not be taken.

(3) If, after considering a written statement made within the specified period, the Competent Authority reasonably believes a ground exists to take the proposed action, the Authority may—

(a) cancel or vary the determination or approval, or

(b) if the proposed action is to vary the determination or approval in a specified way—vary the determination or approval in that way.