ENVIRONMENTAL AUTHORISATIONS

Who May Amend An Environmental Authorisation?

How May An Environmental Authorisation Be Amended?

If The HOLDER Applies For Amendment:

1. Process

   1. The Environmental Authorisation holder may apply to the Competent Authority at any time in order to change an Environmental Authorisation. The application to amend an Environmental Authorisation must be made in writing, on an official application form, to the Competent Authority. A fee may be payable.
   2. Within 14 days of receiving the application, the Competent Authority:
      • must acknowledge receipt of the application, in writing;
      • must consider whether granting the application is likely to adversely affect the environment or the rights or interests of other parties and may for that purpose request that the Applicant furnish additional information.
   3. Depending on the significance of the requested change, one of the following processes will be followed:

      • Non-Substantive Amendment Or Not Likely To Adversely Affect

        • If the holder requests a non-substantive amendment (something such as correcting a spelling error); or
        • the amendment is not likely to adversely affect the environment or the rights or interests of other parties –
        • then the Competent Authority must promptly decide the application.

      • Substantive Amendment Or Likely To Adversely Affect

        • If the holder requests a substantive amendment (such as changing a condition of approval), or
        • the amendment is likely to adversely affect the environment or the rights or interests of other parties, then the Competent Authority –
          • may, for that purpose request that the applicant provide additional information.
          • must, before deciding the application, request that the applicant, to the extent appropriate:
            • conduct a public participation process to bring the proposed amendment to the attention of potential Interested and Affected Parties, including organs of state with jurisdiction over any aspect of the activity;
            • open a register of all Interested and Affected Parties;
            • conduct assessments and prepare reports on issues as directed by the Competent Authority and, if the Competent Authority directs, make use of an Environmental Assessment Practitioner to do so;
            • give registered Interested and Affected Parties an opportunity to submit comments on those reports; and
            • submit the reports and any comments from registered Interested and Affected Parties to the Competent Authority.

      • If The Environment Is Likely To Be Significantly Impacted

        • then the Competent Authority must –
          • return the application to the Applicant; and
          • request the Applicant to submit an application, as if it is a new Application for Environmental Authorisation.

2. Decision

   • On having reached a decision on whether or not to grant the application, the Competent Authority must in writing and within 10 days:
     • notify the Applicant of the decision and of the period within which the Applicant must notify, in writing, all Interested and Affected Parties of the outcome (including reasons for the outcome) as well as draw their attention to the fact that they may appeal the decision;
     • give reasons for the decision to the Applicant; and
     • notify the Applicant that it may appeal the decision.
   • If an application is approved, the Competent Authority must issue an amended Environmental Authorisation to the Applicant.
   • The Applicant must, in writing, within a period determined by the competent authority –
     • notify all registered interested and affected parties of –
       • the outcome of the application; and
       • the reasons for the decision.
     • and draw their attention to the fact that an Appeal may be lodged against the decision if such an appeal is available under the circumstances.

If The COMPETENT AUTHORITY Initiates The Amendment:

1. Process

   The Competent Authority may under its own initiative seek an amendment of the Environmental Authorisation:

   • to prevent deterioration or further deterioration of the environment;
   • to achieve prescribed environmental standards; or
   • to accommodate demands brought about by impacts on socio-economic circumstances, if it is in the public interest to meet those demands.
   1. The Competent Authority must first:
      • Notify the holder of the Authorisation of the proposed amendment, in writing;
      • Provide the holder with opportunity to submit written comments to the proposed amendment.
      • If necessary, conduct an appropriate public participation process.
   2. Depending on the significance of the proposed amendment, the following processes must be followed:
      • If the proposed amendment is non-substantive, the Competent Authority may issue the amendment.
      • If the proposed amendment is substantive, the Competent Authority must:
        • If necessary, conduct the public participation process to bring the proposed amendment to the attention of potential Interested and Affected Parties, including organs of state with jurisdiction over any aspect of the activity.
        • Provide Interested and Affected Parties an opportunity to submit written representations on the proposed amendment.
        • Provide the holder an opportunity to comment on any representations received from Interested and Affected Parties.

2. Decision

   • The Competent Authority must notify the Authorisation holder of its decision to amend or not amend the Environmental Authorisation.
   • If the Competent Authority decides to amend the Environmental Authorisation, the Competent Authority must –
     • give to the holder of the authorisation the reasons for the decision;
     • draw the attention of the holder to the fact that an Appeal may be lodged against the decision; and
     • issue an amended Environmental Authorisation.