7KVariation of approval

#### 7K Variation of approval 7K Variation of approval > > (1) An application may be made to IPART for the variation of an approval. > > > > Note. > > > > Section 12 imposes requirements for an application and allows an application to be rejected if the requirements are not complied with. > > > (2) An application for the variation of an approval may be made only by the applicant for the approval or the registered operator of the scheme. > > > (3) An application for the variation of an approval may relate to an aspect of the approval, including a matter required to be specified under section 7F. > > > (4) IPART must invite submissions on a proposed variation from the registered operator of the infrastructure if the registered operator is not the applicant and may invite submissions from persons IPART considers appropriate. > > > (5) An invitation to make submissions must allow at least 14 days for submissions to be made and must be accompanied by a copy of the application or indicate how a copy of the application may be obtained. > > > (6) IPART is to determine an application for variation by approving the variation, either as applied for or with modifications IPART considers appropriate, or by refusing to approve the variation. > > > (7) IPART must refuse to approve a variation of an approval if an application for the approval as proposed to be varied would be required to be refused under section 7C(1)(a) or 7D(1)(a)–(d). > > > > Note. > > > > Section 5A also requires that the decision-maker have regard to the objects of this Act and other additional objects when considering whether or not an approval is to be granted or varied under this Part and what conditions are to be imposed on an approval. > > > (8) IPART may refuse to approve a variation on 1 or more grounds on which an application for the approval as proposed to be varied would be permitted to be refused. > > > (9) IPART is not to approve a variation of an approval if in its opinion the proposed variation is so significant as to be better dealt with by a fresh application for the approval. > > > > Note. > > > > If IPART refuses to vary an approval, a new approval can be applied for. > > > (10) If IPART proposes to refuse to approve the variation of an approval, IPART must— > > > > > (a) give written notice of the proposed refusal to the applicant and, if the registered operator was not the applicant, to the registered operator of the infrastructure, specifying the reasons for the proposed refusal, and > > > > > (b) allow each person given notice of the proposed refusal at least 14 days to make submissions to IPART about the proposed refusal. > > > (11) If IPART approves a variation of an approval— > > > > > (a) IPART is to give notice of the variation to the applicant and, if the registered operator was not the applicant, to the registered operator of the infrastructure, for the variation, and > > > > > (b) the varied approval replaces the original approval as from the date determined by IPART to be the registration date of the variation. > > > (12) Before determining an application to vary an approval, IPART may require an application audit to be undertaken. > > > (13) To avoid doubt, a variation of an approval is not required for additional pipeline reticulation within a scheme’s area of operations. > > > (14) If IPART is satisfied an approval contains an obvious error or mis-description, IPART may grant a replacement approval to correct the error or mis-description. > > > (15) On granting a replacement approval, IPART must ensure notice of the grant of the replacement approval is given to the applicant and published on IPART’s website. > > **s 7K:** Ins 2021 No 26, Sch 1\[4\]. Am 2024 No 47, Sch 2.14.