87Variation of authorisation—change in conditions etc.

87  Variation of authorisation—change in conditions etc.

 (1) The Minister may vary a controlled activity authorisation if:

 (a) any of subsections (3) to (5) apply; and

 (b) the Minister is satisfied that the authorisation, as varied, will ensure that the activity is carried out in a manner consistent with the prevention of significant adverse impacts on the marine environment in an area beyond national jurisdiction.

 (2) The Minister may vary the authorisation by:

 (a) varying a measure or requirement specified in the authorisation; or

 (b) specifying a new requirement that the Minister considers necessary to prevent, mitigate or manage the impacts of the controlled activity on the marine environment in areas beyond national jurisdiction; or

 (c) varying or revoking a condition imposed on the authorisation under subsection 83(2); or

 (d) imposing a new condition on the authorisation that the Minister considers appropriate.

Variation to address significant adverse impact

 (3) This subsection applies if:

 (a) the Minister reasonably believes that the controlled activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction; and

 (i) the nature or severity of the significant adverse impact was not foreseen at the time the authorisation was given; or

 (c) the Minister reasonably believes that the variation is necessary to protect the marine environment in the area from:

Variation by agreement

 (4) This subsection applies if the holder agrees to the variation.

Variation in prescribed circumstances

 (5) This subsection applies if the Minister reasonably believes that a circumstance prescribed by the rules exists in relation to the controlled activity.