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Environmental Protection Act 1994
sec.344ABOther amendments
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### sec.344AB Other amendments
The administering authority may amend a transitional environmental program, or a condition imposed on a transitional environmental program, at any time if—
it considers the amendment is necessary or desirable for the purpose of the program achieving compliance with this Act for the activity to which the program relates and the procedure under subdivision 3 is followed; or
the holder of the program has agreed in writing to the amendment.
In deciding whether to amend a transitional environmental program or a condition imposed on a program, the administering authority—
must consider whether the program as affected by the amendment—
will result in increased environmental harm being caused by the carrying out of the activity under the program; and
will achieve full compliance with the Act for the matters dealt with by the program under section 349 ; and
must comply with any relevant regulatory requirement; and
subject to paragraph (b) , must also consider the standard criteria.
Also, the administering authority must consider—
the period under the original program; and
the period that remains under the original program; and
any change to the period under the original program; and
the nature of the risk of environmental harm being caused by the activity.
s 344AB ins 2024 No. 30 s 26
(sec.344AB-ssec.1) The administering authority may amend a transitional environmental program, or a condition imposed on a transitional environmental program, at any time if— it considers the amendment is necessary or desirable for the purpose of the program achieving compliance with this Act for the activity to which the program relates and the procedure under subdivision 3 is followed; or the holder of the program has agreed in writing to the amendment.
(sec.344AB-ssec.2) In deciding whether to amend a transitional environmental program or a condition imposed on a program, the administering authority— must consider whether the program as affected by the amendment— will result in increased environmental harm being caused by the carrying out of the activity under the program; and will achieve full compliance with the Act for the matters dealt with by the program under section 349 ; and must comply with any relevant regulatory requirement; and subject to paragraph (b) , must also consider the standard criteria.
(sec.344AB-ssec.3) Also, the administering authority must consider— the period under the original program; and the period that remains under the original program; and any change to the period under the original program; and the nature of the risk of environmental harm being caused by the activity.
- (a) it considers the amendment is necessary or desirable for the purpose of the program achieving compliance with this Act for the activity to which the program relates and the procedure under subdivision 3 is followed; or
- (b) the holder of the program has agreed in writing to the amendment.
- (a) must consider whether the program as affected by the amendment— (i) will result in increased environmental harm being caused by the carrying out of the activity under the program; and (ii) will achieve full compliance with the Act for the matters dealt with by the program under section 349 ; and
- (i) will result in increased environmental harm being caused by the carrying out of the activity under the program; and
- (ii) will achieve full compliance with the Act for the matters dealt with by the program under section 349 ; and
- (b) must comply with any relevant regulatory requirement; and
- (c) subject to paragraph (b) , must also consider the standard criteria.
- (i) will result in increased environmental harm being caused by the carrying out of the activity under the program; and
- (ii) will achieve full compliance with the Act for the matters dealt with by the program under section 349 ; and
- (a) the period under the original program; and
- (b) the period that remains under the original program; and
- (c) any change to the period under the original program; and
- (d) the nature of the risk of environmental harm being caused by the activity.