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Environment Protection Act 2019
106Amendment of environmental approval
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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.