Radiation Protection Act 2005
28Amendment of authority on initiative of Director of Public Health
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28 Amendment of authority on initiative of Director of Public Health
(1) The Director of Public Health may amend an authority, including the conditions specified in the authority, if he or she is satisfied that it is necessary to do so to protect persons or the environment from the harmful effects of radiation emitted from the radiation source to which the authority relates.
(2) Before amending an authority, the Director of Public Health is to –
(a) give to the holder of the authority written notice stating –
(i) the particulars of the proposed amendment; and
(ii) that the holder may make written submissions to the Director of Public Health about the proposed amendment within the period of not less than 21 days stated in the notice; and
(b) have regard to written submissions made to the Director of Public Health by the holder within that period.
(3) If the Director of Public Health amends an authority, the Director of Public Health is to give the holder of the authority, as soon as practicable, a review notice in relation to the determination.
(4) An amendment of an authority takes effect when the review notice is given to the holder.
(5) The power of the Director of Public Health to amend an authority under subsection (1) includes the power to –
(a) insert matter, omit matter and omit matter and substitute other matter; and
(b) omit or substitute some or all of the conditions, add further conditions, impose conditions where the authority was not previously subject to any conditions and insert matter in, omit matter from and substitute matter in conditions specified in the authority.