42URenewal of licence on Director's own initiative

42U Renewal of licence on Director's own initiative

(1)  The Director may, on his or her own initiative, renew an environmental licence.

(2)  The Director may renew an environmental licence under subsection (1) whether or not the licence has expired.

(3)  The Director may only renew an environmental licence under subsection (1) if the Director is of the opinion that it is necessary to do so to ensure –

(a) that potential environmental harm from the conduct of an activity under, or purportedly under, the licence before it is renewed, is reduced; or

(b) the decommissioning of any facilities on the area of land, or the area of State waters, to which the licence relates; or

(c) the rehabilitation of –

(i) the area of land, or the area of State waters, to which the licence, before it was renewed, related; or

(ii) areas of land, or of State waters, to which environmental harm may have been caused by the conduct of the activity under, or purportedly under, the licence.

(4)  Subject to section 42Z , the Director may, under subsection (1) , impose conditions or restrictions, or both, on an environmental licence that is renewed.

(5)  The Director may renew an environmental licence under subsection (1) for a period determined by the Director or determine that the licence is renewed for an unlimited period.

(6)  The Director must give notice, to the holder of an environmental licence, of –

(a) a decision by the Director to renew the licence under this section; and

(b) any conditions or restrictions that are imposed on the licence renewed under subsection (1) and the reasons for imposing them; and

(c) the rights of the person under Subdivision 9 to appeal to the Appeal Tribunal in relation to a decision made by the Director under this section.