sec.278Cancellation or suspension by administering authority

### sec.278 Cancellation or suspension by administering authority The administering authority may cancel or suspend an environmental authority if an event mentioned in subsection (2) has happened and the procedure under division 2 is followed. For subsection (1) , the events are as follows— the environmental authority was issued because of a materially false or misleading certificate, declaration or representation, made either orally or in writing; financial assurance required under a condition of the environmental authority has not been given in the amount or in the form required under the notice given under section 311 ; an application by the environmental authority holder made under section 312 to increase the amount of financial assurance given for the authority has been approved but the amount of the increase of the financial assurance has not been given; the administering authority has, under section 315 , required the holder of the environmental authority to change the amount of financial assurance and the holder has not complied with the requirement; the administering authority has, under section 316 (2) (b) , directed the holder to replenish financial assurance for the environmental authority and the holder has not complied with the direction; the holder has failed to comply with a requirement to pay a contribution or give a surety to the scheme manager under the Mineral and Energy Resources (Financial Provisioning) Act 2018 ; if a PRCP schedule applies for carrying out relevant activities under the environmental authority—the holder has failed to comply with the schedule; the environmental authority holder is, after the giving of the environmental authority, convicted of an environmental offence; the environmental authority holder’s registration as a suitable operator is cancelled or suspended, or is proposed to be cancelled or suspended, under chapter 5A , part 4 , division 2 ; the holder has been given an annual notice, audit notice or surrender notice and the notice has not been complied with; if an SDA approval under the State Development Act is necessary under that Act for carrying out an environmentally relevant activity for the authority—the approval lapses or otherwise ends, or the Coordinator-General refuses to give the approval; if the authority is for a prescribed ERA—a development application for any necessary development permit for a material change of use of premises relating to the prescribed ERA lapses or is refused or withdrawn; if the authority is for a resource activity—a relevant tenure for the authority has not been granted under resource legislation. s 278 prev s 278 ins 2000 No. 64 s 6 amd 2005 No. 53 s 74 ; 2007 No. 56 s 6 sch om 2012 No. 16 s 7 pres s 278 ins 2012 No. 16 s 8 (amd 2013 No. 6 s 10 (9A) ) amd 2014 No. 40 s 154 sch 1 pt 1 ; 2014 No. 59 s 51 ; 2018 No. 30 s 170 (sec.278-ssec.1) The administering authority may cancel or suspend an environmental authority if an event mentioned in subsection (2) has happened and the procedure under division 2 is followed. (sec.278-ssec.2) For subsection (1) , the events are as follows— the environmental authority was issued because of a materially false or misleading certificate, declaration or representation, made either orally or in writing; financial assurance required under a condition of the environmental authority has not been given in the amount or in the form required under the notice given under section 311 ; an application by the environmental authority holder made under section 312 to increase the amount of financial assurance given for the authority has been approved but the amount of the increase of the financial assurance has not been given; the administering authority has, under section 315 , required the holder of the environmental authority to change the amount of financial assurance and the holder has not complied with the requirement; the administering authority has, under section 316 (2) (b) , directed the holder to replenish financial assurance for the environmental authority and the holder has not complied with the direction; the holder has failed to comply with a requirement to pay a contribution or give a surety to the scheme manager under the Mineral and Energy Resources (Financial Provisioning) Act 2018 ; if a PRCP schedule applies for carrying out relevant activities under the environmental authority—the holder has failed to comply with the schedule; the environmental authority holder is, after the giving of the environmental authority, convicted of an environmental offence; the environmental authority holder’s registration as a suitable operator is cancelled or suspended, or is proposed to be cancelled or suspended, under chapter 5A , part 4 , division 2 ; the holder has been given an annual notice, audit notice or surrender notice and the notice has not been complied with; if an SDA approval under the State Development Act is necessary under that Act for carrying out an environmentally relevant activity for the authority—the approval lapses or otherwise ends, or the Coordinator-General refuses to give the approval; if the authority is for a prescribed ERA—a development application for any necessary development permit for a material change of use of premises relating to the prescribed ERA lapses or is refused or withdrawn; if the authority is for a resource activity—a relevant tenure for the authority has not been granted under resource legislation. - (a) the environmental authority was issued because of a materially false or misleading certificate, declaration or representation, made either orally or in writing; - (b) financial assurance required under a condition of the environmental authority has not been given in the amount or in the form required under the notice given under section 311 ; - (baa) an application by the environmental authority holder made under section 312 to increase the amount of financial assurance given for the authority has been approved but the amount of the increase of the financial assurance has not been given; - (ba) the administering authority has, under section 315 , required the holder of the environmental authority to change the amount of financial assurance and the holder has not complied with the requirement; - (c) the administering authority has, under section 316 (2) (b) , directed the holder to replenish financial assurance for the environmental authority and the holder has not complied with the direction; - (ca) the holder has failed to comply with a requirement to pay a contribution or give a surety to the scheme manager under the Mineral and Energy Resources (Financial Provisioning) Act 2018 ; - (cb) if a PRCP schedule applies for carrying out relevant activities under the environmental authority—the holder has failed to comply with the schedule; - (d) the environmental authority holder is, after the giving of the environmental authority, convicted of an environmental offence; - (e) the environmental authority holder’s registration as a suitable operator is cancelled or suspended, or is proposed to be cancelled or suspended, under chapter 5A , part 4 , division 2 ; - (f) the holder has been given an annual notice, audit notice or surrender notice and the notice has not been complied with; - (g) if an SDA approval under the State Development Act is necessary under that Act for carrying out an environmentally relevant activity for the authority—the approval lapses or otherwise ends, or the Coordinator-General refuses to give the approval; - (h) if the authority is for a prescribed ERA—a development application for any necessary development permit for a material change of use of premises relating to the prescribed ERA lapses or is refused or withdrawn; - (i) if the authority is for a resource activity—a relevant tenure for the authority has not been granted under resource legislation.