Environment Protection Act (Cap. 549), article 65

65. (1) The Authority may - (a) in the cases of fraud; or 46 [CAP. 549. ENVIRONMENT PROTECTION (b) where public safety or significant environmental damage or risk is concerned; or (c) where there is an error on the face of the record; or (d) where there is a breach of a material condition contained in an authorisation, by a decision revoke or modify any authorisation granted under this Act, including any clearance issued by the Authority under an Order, stating in such decision its reasons for so doing; and, prior to deciding to revoke or modify an authorisation in terms of this sub- article, the Authority shall inform the person who will be affe cted by its decision of the date and time of its meeting where the Authority shall also hear the said person’s submissions if the latter opts to attend, and any other person’s submissions. (2) For the purposes of sub-article (1): "fraud" means the submission to the Authority of any information or declaration on the basis of which the Authority has approved an authorisation, where such information or declaratio n is false, misleading or incorrect, irrespective of whether such de ceit is the result of a wilful or negligent act: Provided that the Authority shall not revoke or modify an authorisation on the basi s of fraud as long as: (a) the fraudulent information did not have a material bearing on the issuing of the authorisation; and (b) the Authority’s authorisation does not confer any undue or fraudulent benefit to the applicant under any other law or regulation, or potentially implicate the Authority in any breach o f such law o r regulation; "error on the face of the record" means an error on the face of a record which o ffends against the law; and "material condition" means any condition which is of specific relevance to the activity c overed by the authorisation. (3) The applicant shall, if the decision is taken by the Authority, have a right to appeal the Authority’s decision with in thirty days from the date of service of a revocation decision o r a modification decision. (4) No compensation shall be payable by the Authority when it acts under the provisions of sub- article (1) wher e the reason f or the revocation or a modification of an authorisation is based on fr aud, or error of law on the face of t he record, or breach of a mater ial condition contained in an authorisation. Reasons for revocation.