106Amendment of environmental approval

106 Amendment of environmental approval (1) The Minister may amend an environmental approval: (a) at the request of the approval holder; or (b) on the recommendation of the NT EPA as a result of an environmental impact assessment of a significant variation of an action or strategic proposal; or (c) if the Minister becomes aware of information that was not available to the Minister at the time of granting the environmental approval and the Minister would have imposed different conditions on the environmental approval if the information had been available; or (ca) if the environmental approval is for an action to which an environmental approval for a strategic proposal applies and the environmental approval for the action was granted after the referral of the strategic proposal was accepted – to ensure that the environmental approval for the action is consistent with the environmental approval for the strategic proposal; or (d) if, as a result of the monitoring of compliance with or enforcement of this Act or the environmental approval, the Minister considers that the environmental impact of an action under the environmental approval: (i) is not being appropriately avoided, mitigated or managed; or

Environment Protection Act 2019 66 (ia) is not being managed in a manner that is consistent with meeting the objects of this Act; or (ii) is not being appropriately offset by an environmental offset. (2) The Minister must make a decision on a request from an approval holder within the required time. (3) The Minister must, in making a decision on a request from an approval holder: (a) consider the following: (i) the matters set out in Part 2; (ii) the objects of this Act; (iii) the assessment report on the action; and (b) be satisfied that the amendment will not prevent: (i) the significant impacts of the action from being appropriately avoided or mitigated or from being (ii) any appropriate environmental offsets from being provided for significant residual adverse impacts on the environment that cannot be avoided or mitigated. (3A) The Minister may, at any time on the Minister’s own initiative or at the request of the approval holder, make an administrative amendment to an environmental approval. (3B) Subsections (1), (2) and (3) do not apply to an administrative a request for an amendment from the approval holder.