Section 146DK — Environment Protection and Biodiversity Conservation Act 1999: Variation of approval under section 146B on request

(1) If an approval under section 146B is in force in relation to the taking of an action or a class of actions in accordance with an endorsed policy, plan or program, the Minister may, on request under subsection (2) of this section, by written notice, vary the approval by: (a) if the approval does not specify the person or persons who may take the action or an action in the class of actions—specifying the person or persons who may take the action or an action in the class of actions; or (b) if the approval specifies the person or persons who may take the action or an action in the class of actions—specifying one or more additional persons who may take the action or an action in the class of actions. Note: Subsection 146B(2A) deals with specifying the person or persons who may take the action or an action in the class of actions. (2) A request for a variation under subsection (1) may be made, in writing, by: (a) the holder of the approval; or (b) the responsible person for the endorsed policy, plan or program. Note: For holder and responsible person, see section 528. Consultation (3) Before making the variation the Minister must: (a) if the request was under paragraph (2)(a)—give the responsible person for the endorsed policy, plan or program written notice of the proposed variation; and (b) if the request was under paragraph (2)(b)—give the holder of the approval written notice of the proposed variation; and (c) in a notice under paragraph (a) or (b), invite the person given the notice to give the Minister, within the period specified in the notice (which must be at least 10 business days after the day the notice is given), written comments on the proposed variation; and (d) take into account any relevant comments received in response to an invitation under paragraph (c). Notification of variation (4) The Minister must do the following as soon as practicable after making the variation: (a) give a copy of the variation to the holder of the approval; (b) give a copy of the variation to the responsible person for the endorsed policy, plan or program; (c) give a copy of the variation to each person who, after the variation is made, is specified in the approval as a person who may take an action covered by the approval; (d) give a copy of the variation to a person who asks for it; (e) publish the variation on the Department’s website. The Minister may give notice of the variation in any other way that the Minister thinks fit. Effect of variation (5) The variation takes effect on the day specified in the variation (which must not be earlier than the day the variation is published). Exhaustive statement of natural justice hearing rule (6) This section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the Minister’s decision to make a variation under subsection (1). Notice not a legislative instrument (7) A notice under subsection (1) is not a legislative instrument.