41AVarying special permits—notice of proposed variation

41A Varying special permits—notice of proposed variation

(1) Despite regulation 41, the Minister must not vary a special permit under that regulation unless: (a) the Minister has given a written notice to the holder of the permit in accordance with subregulation (2) of this regulation; and (b) the Minister has taken into account any information given, within 14 days after the day the notice is given to the permit holder, to the Minister in response to the notice. (2) A notice under paragraph (1)(a) must: (a) specify the proposed variation of the permit; and (b) specify the grounds for the proposed variation; and (c) invite the holder of the permit to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the permit should not be varied; and (d) include a statement setting out the holder’s right to seek review of a decision to vary the permit. (3) A notice under paragraph (1)(a) is not required if the Minister reasonably believes that the proposed variation is necessary to prevent or lessen a serious and imminent threat to human health or the environment.