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Environment Protection Act 1997
62Notice of intention to vary an authorisation
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62 Notice of intention to vary an authorisation
(1) Subject to subsection (2), before acting under section 60, the authority
must give the holder of the environmental authorisation a notice—
(a) stating that the authority is proposing to vary the authorisation;
and
(b) stating the nature of, and the reasons for, the proposed variation;
and
(c) inviting a written submission on the proposed variation on or
before a specified date, being a date 10 working days after the
date of the notice.
(2) This section does not apply if—
(a) the variation is for the sole purpose of correcting an error or
omission of a formal nature and the holder of the authorisation
has given written consent to the variation; or
(b) the authority—
(i) has reasonable grounds for believing that the authorised
activity is causing, or in the immediate future will cause or
is likely to cause, serious or material environmental harm;
and
(ii) is satisfied that the variation will assist in reducing or
preventing that harm; or
(c) the variation is in accordance with an application under
section 60 (1) (a).