21Variation on request by the Minister

21 Variation on request by the Minister

(1) A titleholder must submit to the Minister a proposed variation of the environment plan for an activity if the Minister requests the titleholder to do so.

(2) A request by the Minister must be in writing and set out the following—

(a) the matters to be addressed by the variation;

(b) the proposed date of effect of the variation;

(c) the grounds for the request.

(3) The titleholder may make a submission in writing to the Minister stating the titleholder's reasons for one or more of the following matters—

(a) why the variation should not occur;

(b) why the variation should be in different terms from the terms of the proposed variation;

(c) why the variation should take effect on a date later than the proposed date.

(4) A submission by the titleholder must be made within 21 days after receiving the request, or within any longer period that the Minister in writing allows.

(5) If the Minister agrees, the titleholder may submit a proposed variation in the form of a variation of a part of the accepted environment plan in force for the activity.

(6) If a submission complies with subregulations (3), (4) and (5), the Minister must—

(a) decide whether to accept one or more of the reasons stated in the submission; and

(b) give the titleholder notice in writing of the decision; and

(c) to the extent (if any) that the Minister accepts the reasons, give the titleholder notice in writing that varies or withdraws the request in accordance with the decision; and

(d) to the extent (if any) that the Minister does not accept the reasons, give the titleholder notice in writing of the grounds for not accepting them.

(7) A titleholder must comply with a request made by the Minister under this regulation and not withdrawn, or with a request as varied under this regulation, as soon as practicable.