WITHDRAWING AN ENVIRONMENTAL AUTHORISATION

Who May Withdraw An Environmental Authorisation?

The relevant Competent Authority may withdraw an Environmental Authorisation.

When May The Competent Authority Withdraw An Environmental Authorisation?

  • When a condition of the authorisation has been contravened or is not being complied with;
  • When the Environmental Authorisation was obtained through fraudulent means or the misrepresentation or non-disclosure of material information;
  • When the activity is permanently or indefinitely discontinued.

The Process For Withdrawal Of An Environmental Authorisation?

  • When considering the withdrawal of an Environmental Authorisation, the Competent Authority must –
    • notify the holder that the Environmental Authorisation may be withdrawn and state the reasons;
    • permit the holder to comment on any environmental audit report and to submit any representations on the proposed withdrawal;
  • If the environment or rights or interests of other parties are likely to be adversely affected by the withdrawal – then the Competent Authority must conduct public participation process to bring the proposed withdrawal to the attention of potential Interested and Affected Parties, (including organs of state with jurisdiction),
  • The public participation process must –
    • permit potential Interested and Affected Parties to submit to the Competent Authority written representations on the proposed withdrawal; and
    • permit the holder to comment on any representations received from Interested and Affected Parties on the withdrawal.

Once the Competent Authority reaches a decision on whether or not to withdraw an Environmental Authorisation, the Competent Authority must notify the holder of the authorisation in writing of the decision. If the decision is to withdraw the Environmental Authorisation, it must give the holder reasons for the decision and draw the holder's attention to the fact that an appeal may be lodged.

Note that when considering the withdrawal of an Environmental Authorisation, the Competent Authority may Suspend an Environmental Authorisation with immediate effect.