sec.215Other amendments

### sec.215 Other amendments The administering authority may amend an environmental authority or PRCP schedule at any time if— it considers the amendment is necessary or desirable because of a matter mentioned in subsection (2) and the procedure under division 2 is followed; or the holder of the authority or schedule has agreed in writing to the amendment. For subsection (1) (a) , the matters are the following— a contravention of this Act or an environmental offence committed by the holder; for an environmental authority issued for a standard application or variation application—the relevant activity does not comply with the eligibility criteria for the activity; for an environmental authority— another person becomes a holder of the authority; or another entity becomes a holding company of a holder of the authority; the authority was issued or schedule was approved because of a materially false or misleading representation or declaration, made either orally or in writing; for an environmental authority—the authority was issued on the basis of a miscalculation of— the environmental values affected or likely to be affected by the relevant activity; or the quantity or quality of contaminant permitted to be released into the environment; or the effects of the release of a quantity or quality of contaminant permitted to be released into the environment; the issue of a temporary emissions licence; the approval of an environmental protection policy or the approval of an amendment of an environmental protection policy; for a PRCP schedule—an audit report for the schedule given to the administering authority under part 12 ; an environmental audit, investigation or report under chapter 7 , part 2 ; the issue, amendment or withdrawal of an environmental enforcement order issued under section 362 (1) ; a compliance statement given under this chapter; a report made by or for, or approved by, a recognised entity if the report— is relevant to the authority or schedule, or a relevant activity carried out under the authority or schedule; and if the administering authority is not the chief executive—has been accepted by the chief executive; an annual return required under part 15 , division 2 ; the acceptance, withdrawal, variation, amendment or suspension of an enforceable undertaking under chapter 10 , part 5 ; a significant change in the way in which, or the extent to which, the activity is being carried out; The conditions of an environmental authority for a mining activity authorised under a mining lease were imposed on the basis that a particular method for removing contaminants from a waste stream for a relevant mining activity would be used. The mining lease is transferred and the transferee changes the method. for an environmental authority or PRCP schedule for a resource activity—a relevant tenure (the old tenure ) for the authority or schedule is replaced with a new resource tenure of the same type for all or part of the old tenure’s area under the resource legislation; for an environmental authority—a surrender application under part 10 is approved for a partial surrender of the authority; for an environmental authority for a resource activity—an underground water impact report under the Water Act 2000 , chapter 3 , identifies impacts, or potential impacts, on an environmental value; another circumstance prescribed by regulation. An amendment because of a matter mentioned in subsection (2) (c) may only be to impose a condition under section 308 requiring the holder of the environmental authority to give the administering authority financial assurance. s 215 prev s 215 ins 2000 No. 64 s 6 amd 2008 No. 52 s 22 om 2012 No. 16 s 7 pres s 215 ins 2012 No. 16 s 8 (amd 2012 No. 43 s 243 ) amd 2016 No. 14 s 3 ; 2016 No. 61 s 7 ; 2018 No. 30 s 136 ; 2020 No. 26 s 30 ; 2023 No. 6 s 28 ; 2024 No. 30 s 61 sch 1 (sec.215-ssec.1) The administering authority may amend an environmental authority or PRCP schedule at any time if— it considers the amendment is necessary or desirable because of a matter mentioned in subsection (2) and the procedure under division 2 is followed; or the holder of the authority or schedule has agreed in writing to the amendment. (sec.215-ssec.2) For subsection (1) (a) , the matters are the following— a contravention of this Act or an environmental offence committed by the holder; for an environmental authority issued for a standard application or variation application—the relevant activity does not comply with the eligibility criteria for the activity; for an environmental authority— another person becomes a holder of the authority; or another entity becomes a holding company of a holder of the authority; the authority was issued or schedule was approved because of a materially false or misleading representation or declaration, made either orally or in writing; for an environmental authority—the authority was issued on the basis of a miscalculation of— the environmental values affected or likely to be affected by the relevant activity; or the quantity or quality of contaminant permitted to be released into the environment; or the effects of the release of a quantity or quality of contaminant permitted to be released into the environment; the issue of a temporary emissions licence; the approval of an environmental protection policy or the approval of an amendment of an environmental protection policy; for a PRCP schedule—an audit report for the schedule given to the administering authority under part 12 ; an environmental audit, investigation or report under chapter 7 , part 2 ; the issue, amendment or withdrawal of an environmental enforcement order issued under section 362 (1) ; a compliance statement given under this chapter; a report made by or for, or approved by, a recognised entity if the report— is relevant to the authority or schedule, or a relevant activity carried out under the authority or schedule; and if the administering authority is not the chief executive—has been accepted by the chief executive; an annual return required under part 15 , division 2 ; the acceptance, withdrawal, variation, amendment or suspension of an enforceable undertaking under chapter 10 , part 5 ; a significant change in the way in which, or the extent to which, the activity is being carried out; The conditions of an environmental authority for a mining activity authorised under a mining lease were imposed on the basis that a particular method for removing contaminants from a waste stream for a relevant mining activity would be used. The mining lease is transferred and the transferee changes the method. for an environmental authority or PRCP schedule for a resource activity—a relevant tenure (the old tenure ) for the authority or schedule is replaced with a new resource tenure of the same type for all or part of the old tenure’s area under the resource legislation; for an environmental authority—a surrender application under part 10 is approved for a partial surrender of the authority; for an environmental authority for a resource activity—an underground water impact report under the Water Act 2000 , chapter 3 , identifies impacts, or potential impacts, on an environmental value; another circumstance prescribed by regulation. (sec.215-ssec.3) An amendment because of a matter mentioned in subsection (2) (c) may only be to impose a condition under section 308 requiring the holder of the environmental authority to give the administering authority financial assurance. - (a) it considers the amendment is necessary or desirable because of a matter mentioned in subsection (2) and the procedure under division 2 is followed; or - (b) the holder of the authority or schedule has agreed in writing to the amendment. - (a) a contravention of this Act or an environmental offence committed by the holder; - (b) for an environmental authority issued for a standard application or variation application—the relevant activity does not comply with the eligibility criteria for the activity; - (c) for an environmental authority— (i) another person becomes a holder of the authority; or (ii) another entity becomes a holding company of a holder of the authority; - (i) another person becomes a holder of the authority; or - (ii) another entity becomes a holding company of a holder of the authority; - (d) the authority was issued or schedule was approved because of a materially false or misleading representation or declaration, made either orally or in writing; - (e) for an environmental authority—the authority was issued on the basis of a miscalculation of— (i) the environmental values affected or likely to be affected by the relevant activity; or (ii) the quantity or quality of contaminant permitted to be released into the environment; or (iii) the effects of the release of a quantity or quality of contaminant permitted to be released into the environment; - (i) the environmental values affected or likely to be affected by the relevant activity; or - (ii) the quantity or quality of contaminant permitted to be released into the environment; or - (iii) the effects of the release of a quantity or quality of contaminant permitted to be released into the environment; - (f) the issue of a temporary emissions licence; - (g) the approval of an environmental protection policy or the approval of an amendment of an environmental protection policy; - (h) for a PRCP schedule—an audit report for the schedule given to the administering authority under part 12 ; - (i) an environmental audit, investigation or report under chapter 7 , part 2 ; - (j) the issue, amendment or withdrawal of an environmental enforcement order issued under section 362 (1) ; - (k) a compliance statement given under this chapter; - (l) a report made by or for, or approved by, a recognised entity if the report— (i) is relevant to the authority or schedule, or a relevant activity carried out under the authority or schedule; and (ii) if the administering authority is not the chief executive—has been accepted by the chief executive; - (i) is relevant to the authority or schedule, or a relevant activity carried out under the authority or schedule; and - (ii) if the administering authority is not the chief executive—has been accepted by the chief executive; - (m) an annual return required under part 15 , division 2 ; - (n) the acceptance, withdrawal, variation, amendment or suspension of an enforceable undertaking under chapter 10 , part 5 ; - (o) a significant change in the way in which, or the extent to which, the activity is being carried out; Example of significant change for paragraph (o) — The conditions of an environmental authority for a mining activity authorised under a mining lease were imposed on the basis that a particular method for removing contaminants from a waste stream for a relevant mining activity would be used. The mining lease is transferred and the transferee changes the method. - (p) for an environmental authority or PRCP schedule for a resource activity—a relevant tenure (the old tenure ) for the authority or schedule is replaced with a new resource tenure of the same type for all or part of the old tenure’s area under the resource legislation; - (q) for an environmental authority—a surrender application under part 10 is approved for a partial surrender of the authority; - (r) for an environmental authority for a resource activity—an underground water impact report under the Water Act 2000 , chapter 3 , identifies impacts, or potential impacts, on an environmental value; - (s) another circumstance prescribed by regulation. - (i) another person becomes a holder of the authority; or - (ii) another entity becomes a holding company of a holder of the authority; - (i) the environmental values affected or likely to be affected by the relevant activity; or - (ii) the quantity or quality of contaminant permitted to be released into the environment; or - (iii) the effects of the release of a quantity or quality of contaminant permitted to be released into the environment; - (i) is relevant to the authority or schedule, or a relevant activity carried out under the authority or schedule; and - (ii) if the administering authority is not the chief executive—has been accepted by the chief executive;