Cancellation or suspension of an environmental authority

The administering authority may cancel or suspend an environmental authority (EA) if certain events occur. These events are specified in section 278 of the Environmental Protection Act 1994.

For example, an EA can be cancelled or suspended if the holder of an EA is convicted of an environmental offence, if a financial assurance requirement has not been complied with, or for non-payment of fees.

As the holder of an EA you may also apply to suspend your EA voluntarily (e.g. if you intend to suspend an activity for 1-3 years).

Cancelling your EA

You can only apply to cancel your EA if you are the holder of a mining claim that meets the cancellation criteria and definition for a small scale mining activity.

A small scale mining activity can be a mining claim or exploration activity.

You can find the small scale mining activity definition and cancellation criteria in the Request to cancel an environmental authority (small scale mining activity) form (ESR/2015/1564) (DOCX, 181KB).

Process to cancel or suspend an EA

If your administering authority proposes to cancel or suspend your EA they will give you a notice outlining the proposed action and the grounds or reasons for the proposed action.

You can write to the administering authority stating why you think the proposed action should not be taken. The administering authority must consider your written representations when making a final decision.

After considering your representations, the administering authority may decide to suspend or cancel your EA if it still believes grounds exist to take that action. The administering authority may decide to suspend your EA instead of cancelling it.

Alternatively, if after considering the representations the administering authority believes those grounds do not exist, or that suspension or cancellation is not appropriate in the circumstances, the administering authority may decide not to suspend or cancel your EA.

Once the proposed action decision has been made, the administering authority must take the action and record particulars of the action in the relevant register.

Also consider...

• Find out how to apply for an EA.
• Find out how to change, combine or transfer an EA.
• Find out how to surrender or suspend an EA.
• Read the guideline on Approval processes for environmental authorities (ESR/2015/1743) (PDF, 884KB) for more details on EA assessment processes.