QLDIn ForceAct
Environmental Protection Act 1994
sec.344ECancelling transitional environmental program
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### sec.344E Cancelling transitional environmental program
The administering authority may cancel a transitional environmental program for any of the following reasons—
the holder—
agrees in writing to the cancellation; or
gives the administering authority a notice under section 347 (6) of the disposal of the place or business to which the program relates; or
gives the administering authority a notice under section 348 of ceasing the activity to which the program relates;
the administering authority is otherwise satisfied the holder has—
disposed of the place or business to which the program relates; or
ceased the activity to which the program relates.
If the administering authority decides to cancel a transitional environmental program, the administering authority must—
give a notice that states the details of the cancellation to the holder; or
if after making reasonable enquiries the administering authority can not locate the holder—record details of the cancellation in the register of transitional environmental programs.
The cancellation takes effect on the date stated in the notice or record.
The administering authority must ensure the date stated for cancellation is—
at least 20 business days after the administering authority gives the notice or makes the record; and
if the transitional environmental program is being cancelled under subsection (1) (a) (ii) —not before the day when the place or business is disposed of.
In this section—
details of the cancellation means—
that the transitional environmental program is cancelled; and
the reason for the cancellation; and
the date on which the cancellation takes effect.
s 344E ins 2015 No. 4 s 47
amd 2023 No. 6 s 76
(sec.344E-ssec.1) The administering authority may cancel a transitional environmental program for any of the following reasons— the holder— agrees in writing to the cancellation; or gives the administering authority a notice under section 347 (6) of the disposal of the place or business to which the program relates; or gives the administering authority a notice under section 348 of ceasing the activity to which the program relates; the administering authority is otherwise satisfied the holder has— disposed of the place or business to which the program relates; or ceased the activity to which the program relates.
(sec.344E-ssec.2) If the administering authority decides to cancel a transitional environmental program, the administering authority must— give a notice that states the details of the cancellation to the holder; or if after making reasonable enquiries the administering authority can not locate the holder—record details of the cancellation in the register of transitional environmental programs.
(sec.344E-ssec.3) The cancellation takes effect on the date stated in the notice or record.
(sec.344E-ssec.4) The administering authority must ensure the date stated for cancellation is— at least 20 business days after the administering authority gives the notice or makes the record; and if the transitional environmental program is being cancelled under subsection (1) (a) (ii) —not before the day when the place or business is disposed of.
(sec.344E-ssec.5) In this section— details of the cancellation means— that the transitional environmental program is cancelled; and the reason for the cancellation; and the date on which the cancellation takes effect.
- (a) the holder— (i) agrees in writing to the cancellation; or (ii) gives the administering authority a notice under section 347 (6) of the disposal of the place or business to which the program relates; or (iii) gives the administering authority a notice under section 348 of ceasing the activity to which the program relates;
- (i) agrees in writing to the cancellation; or
- (ii) gives the administering authority a notice under section 347 (6) of the disposal of the place or business to which the program relates; or
- (iii) gives the administering authority a notice under section 348 of ceasing the activity to which the program relates;
- (b) the administering authority is otherwise satisfied the holder has— (i) disposed of the place or business to which the program relates; or (ii) ceased the activity to which the program relates.
- (i) disposed of the place or business to which the program relates; or
- (ii) ceased the activity to which the program relates.
- (i) agrees in writing to the cancellation; or
- (ii) gives the administering authority a notice under section 347 (6) of the disposal of the place or business to which the program relates; or
- (iii) gives the administering authority a notice under section 348 of ceasing the activity to which the program relates;
- (i) disposed of the place or business to which the program relates; or
- (ii) ceased the activity to which the program relates.
- (a) give a notice that states the details of the cancellation to the holder; or
- (b) if after making reasonable enquiries the administering authority can not locate the holder—record details of the cancellation in the register of transitional environmental programs.
- (a) at least 20 business days after the administering authority gives the notice or makes the record; and
- (b) if the transitional environmental program is being cancelled under subsection (1) (a) (ii) —not before the day when the place or business is disposed of.
- (a) that the transitional environmental program is cancelled; and
- (b) the reason for the cancellation; and
- (c) the date on which the cancellation takes effect.