38Amendment or revocation of conditions

38 Amendment or revocation of conditions (1) The NT EPA may: (a) amend a condition of an environment protection approval or a licence; or (b) subject to section 36, impose a new condition on an environment protection approval or a licence.

Waste Management and Pollution Control Act 1998 30 (2) The NT EPA may only amend a condition or impose a new condition if: (a) the amendment or condition is requested by the holder of the approval or licence; (b) the holder of the approval or licence has contravened or failed to comply with a provision of this Act; (c) there is a risk of pollution resulting in material environmental harm or serious environmental harm; (d) it is necessary or desirable for the purposes of an environment protection objective; (e) the NT EPA is permitted or required to do so by or under this Act; (f) a licence has been or is to be downgraded or upgraded under section 44; or (g) the approval or licence is to be transferred. (3) The NT EPA may revoke a condition of an environment protection approval or a licence as it thinks fit. (4) The NT EPA must have regard to: (a) the matters specified in section 32(1); and (b) in relation to a best practice licence – the matters specified in section 33, in determining whether to amend or revoke a condition or to impose a new condition on an approval or licence. (5) The NT EPA must give notice of the amendment or revocation of a condition of, or the imposition of a new condition on, an environment protection approval or a licence to the holder of the approval or licence. (6) An amendment or a revocation of a condition under subsection (1) or (3), and the imposition of a new condition under subsection (1), takes effect: (a) on the date on which notice is given to the person under subsection (5); or

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