41Varying special permits on Minister’s initiative—grounds

41 Varying special permits on Minister’s initiative—grounds

(1) The Minister may, in writing, decide to vary a special permit if the Minister is satisfied that: (a) the holder of the permit: (i) gave the Minister false, misleading or incomplete information; and (ii) when doing so, failed to give the Minister an explanation for doing so, or failed to give the Minister the correct or complete information if the holder was reasonably able to have done so; or (b) the holder of the permit: (i) is failing, or has failed, to comply with a condition to which the permit is subject; or (ii) is failing, or has failed, to comply with a provision of the Act relating to the permit; or (iii) is failing, or has failed after the granting of the permit, to provide or to arrange to provide an auditor with assistance that is reasonably necessary for the conduct of an audit; or (c) after considering information that was not considered when granting the permit, the variation is necessary to prevent or lessen a threat of serious harm to human health or the environment.

Note 1: Examples of a variation include imposing a condition on the permit, or varying or revoking a permit condition.

Note 2: For the requirement to provide an auditor with assistance that is reasonably necessary for the conduct of an audit, see section 54 of the Act.

Note 3: The audit need not relate to the permit. Assistance may be requested in relation to any audit of operations covered by a permit, an order under Part 3 of the Act, a notification given under subsection 33G(1) of the Act, or other prescribed operations: see section 50 of the Act.

(2) Regulation 33 applies to the imposition or variation of a condition under this regulation as if a reference in regulation 33 to the grant of a special permit were a reference to a variation of a special permit.