sec.68CHAmending or suspending enforceable undertaking—after show cause process

### sec.68CH Amending or suspending enforceable undertaking—after show cause process The chief executive may amend or suspend an enforceable undertaking if the chief executive is satisfied— the undertaking was accepted relying on a representation or declaration, made either orally or in writing, that was false or misleading in a material particular; or the undertaking was accepted on the basis of a miscalculation of the impacts of the contravention or alleged contravention; or the amendment or suspension is necessary or desirable because of an inspection, investigation or other matter under part 3 ; or the amendment or suspension is necessary or desirable because of a significant change in the way in which, or the extent to which, an activity is being carried out that affects the likelihood of the undertaking— securing compliance with this Act or the Planning Act ; or advancing the purpose of this Act. The chief executive must give the person who made the enforceable undertaking a notice that states— the action the chief executive proposes to take; and if the action is an amendment of the undertaking—the amendment; and if the action is a suspension of the undertaking—the period of the suspension; and the grounds for taking the action; and the facts and circumstances that are the basis for the grounds; and that the person may make written representations to show why the action should not be taken; and the period, of at least 20 business days after the person is given the notice, within which the person may make the representations. If the chief executive proposes to amend the enforceable undertaking, the notice must be accompanied by a copy of the undertaking that shows the amendment. The chief executive must consider any written representation the person makes within the period stated in the notice. If the chief executive still believes a ground exists to take the action, the chief executive may decide to take the action. Within 10 business days after making a decision to take the action, the chief executive must give the person an information notice about the decision. If the chief executive, at any time, decides not to take the action, the chief executive must promptly give the person written notice of the decision. In this section— impacts , of a contravention or alleged contravention, include the following— loss of vegetation; loss of biodiversity; land degradation; loss of connectivity; altered ecological processes; contributions to greenhouse gas emissions. s 68CH ins 2018 No. 7 s 35 (sec.68CH-ssec.1) The chief executive may amend or suspend an enforceable undertaking if the chief executive is satisfied— the undertaking was accepted relying on a representation or declaration, made either orally or in writing, that was false or misleading in a material particular; or the undertaking was accepted on the basis of a miscalculation of the impacts of the contravention or alleged contravention; or the amendment or suspension is necessary or desirable because of an inspection, investigation or other matter under part 3 ; or the amendment or suspension is necessary or desirable because of a significant change in the way in which, or the extent to which, an activity is being carried out that affects the likelihood of the undertaking— securing compliance with this Act or the Planning Act ; or advancing the purpose of this Act. (sec.68CH-ssec.2) The chief executive must give the person who made the enforceable undertaking a notice that states— the action the chief executive proposes to take; and if the action is an amendment of the undertaking—the amendment; and if the action is a suspension of the undertaking—the period of the suspension; and the grounds for taking the action; and the facts and circumstances that are the basis for the grounds; and that the person may make written representations to show why the action should not be taken; and the period, of at least 20 business days after the person is given the notice, within which the person may make the representations. (sec.68CH-ssec.3) If the chief executive proposes to amend the enforceable undertaking, the notice must be accompanied by a copy of the undertaking that shows the amendment. (sec.68CH-ssec.4) The chief executive must consider any written representation the person makes within the period stated in the notice. (sec.68CH-ssec.5) If the chief executive still believes a ground exists to take the action, the chief executive may decide to take the action. (sec.68CH-ssec.6) Within 10 business days after making a decision to take the action, the chief executive must give the person an information notice about the decision. (sec.68CH-ssec.7) If the chief executive, at any time, decides not to take the action, the chief executive must promptly give the person written notice of the decision. (sec.68CH-ssec.8) In this section— impacts , of a contravention or alleged contravention, include the following— loss of vegetation; loss of biodiversity; land degradation; loss of connectivity; altered ecological processes; contributions to greenhouse gas emissions. - (a) the undertaking was accepted relying on a representation or declaration, made either orally or in writing, that was false or misleading in a material particular; or - (b) the undertaking was accepted on the basis of a miscalculation of the impacts of the contravention or alleged contravention; or - (c) the amendment or suspension is necessary or desirable because of an inspection, investigation or other matter under part 3 ; or - (d) the amendment or suspension is necessary or desirable because of a significant change in the way in which, or the extent to which, an activity is being carried out that affects the likelihood of the undertaking— (i) securing compliance with this Act or the Planning Act ; or (ii) advancing the purpose of this Act. - (i) securing compliance with this Act or the Planning Act ; or - (ii) advancing the purpose of this Act. - (i) securing compliance with this Act or the Planning Act ; or - (ii) advancing the purpose of this Act. - (a) the action the chief executive proposes to take; and - (b) if the action is an amendment of the undertaking—the amendment; and - (c) if the action is a suspension of the undertaking—the period of the suspension; and - (d) the grounds for taking the action; and - (e) the facts and circumstances that are the basis for the grounds; and - (f) that the person may make written representations to show why the action should not be taken; and - (g) the period, of at least 20 business days after the person is given the notice, within which the person may make the representations. - (a) loss of vegetation; - (b) loss of biodiversity; - (c) land degradation; - (d) loss of connectivity; - (e) altered ecological processes; - (f) contributions to greenhouse gas emissions.