Div 6Suspension, cancellation and surrender of environmental authorisations

Division 6—Suspension, cancellation and surrender of environmental authorisations 55—Suspension or cancellation of environmental authorisations (1) The Authority may, if satisfied that— (a) the holder of an environmental authorisation obtained the authorisation improperly; or (b) the holder of an environmental authorisation has contravened a requirement imposed by or under this Act in connection with an activity undertaken pursuant to the authorisation; or (c) in the case of an environmental authorisation of a prescribed class—the holder of the authorisation, or, if the holder is a body corporate, a director of the body corporate, has been guilty of misconduct (whether in this State or elsewhere) of a prescribed kind; or (d) the holder of an environmental authorisation has ceased to undertake the activity authorised by the authorisation, suspend the authorisation or cancel the authorisation and, if the Authority thinks fit, impose a disqualification under this section. (2) A suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Authority. (3) A disqualification under this section may disqualify the holder of the cancelled authorisation, or, if the holder is a body corporate, any director of the body corporate, from obtaining any environmental authorisation, or an environmental authorisation of a specified kind, permanently or for a specified period, or until the fulfilment of specified conditions, or until further order of the Authority. (4) Before the Authority acts under this section, the Authority must— (a) notify the holder of the environmental authorisation in writing of its proposed action specifying the reasons for the proposed action; and (b) allow the holder of the authorisation at least 14 days within which to make submissions to the Authority in relation to the proposed action. 56—Surrender of environmental authorisations (1) An environmental authorisation may be surrendered with the approval of the Authority. (2) The Authority may, on application for approval of the surrender of an environmental authorisation— (a) approve the surrender of the authorisation; or (b) if satisfied that it is necessary for the protection or restoration of the environment— (i) impose further conditions of the authorisation; and (ii) approve the surrender of the authorisation on the holder of the authorisation satisfying the Authority that the conditions have been fulfilled or that satisfactory arrangements have been made for their fulfilment.