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ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 - SECT 12N

Variation, suspension and revocation of authorisation

  (1)   The Minister may, by notice given in accordance with section   12PA, vary an authorisation to carry on an activity given under this Part   if the Minister is satisfied that it is necessary to do so to act consistently with the basic environmental principles.

  (2)   If the person authorised to carry on an activity so requests in writing (giving reasons for the request) the Minister may, by notice given in accordance with section   12PA, vary the authorisation if the Minister is satisfied that:

  (a)   the reasons given justify the variation; and

  (b)   it would not be inconsistent with the basic environmental principles to vary the authorisation as requested.

  (3)   The Minister may, by notice given in accordance with section   12PA, vary, suspend or revoke an authorisation to carry on an activity given under this Part   if the Minister is satisfied:

  (a)   that a condition subject to which the authorisation was given has not been, or is not being, complied with; or

  (b)   it is necessary to do so to act consistently with the basic environmental principles.

  (4)   Subject to subsection   (5), an authorisation remains suspended for such period (not exceeding 90 days after the day on which the suspension takes effect) as is specified in the notice of suspension.

  (5)   If proceedings for an offence relating to the carrying on of an activity authorised under this Part   are started during a period when the authorisation is suspended, the suspension may be continued until the proceedings (including any appeal) are completed.

  (6)   A variation, suspension or revocation done at the request of the person authorised to carry on an activity takes effect:

  (a)   at the time notice of the variation, suspension or revocation is given; or

  (b)   at any later time specified in the notice.

  (7)   A variation, suspension or revocation not done at the request of the person authorised to carry on an activity takes effect:

  (a)   if the Minister considers that irreversible environmental damage would be likely to occur if the variation, suspension or revocation did not take effect immediately--at the time notice of the variation, suspension or revocation is given; or

  (b)   at the start of the 14th day after the day on which notice of the variation, suspension or revocation is given or at any later time specified in the notice.

  (8)   Notice of a variation, suspension or revocation given under this section must state when the variation, suspension or revocation is to take effect.

  (9)   A failure to comply with subsection   (8) does not invalidate a notice.



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