sec.24Application for replacement of lease entitlement notice

sec.24 Application for replacement of lease entitlement notice

A person (the applicant ) may apply to the chief executive to publish a lease entitlement notice to replace a lease entitlement notice currently in force for a trust area because the lease entitlement notice does not accurately state the details of a lease entitlement. The applicant must give the chief executive information and documents in the applicant’s possession to identify the details of the notice applied for. If the applicant and the person identified, or proposed to be identified, as the holder of the lease entitlement under the replacement notice are not the same person, the applicant must include with the application information to satisfy the chief executive that it is reasonable in the circumstances for the applicant to be making the application. The chief executive may ask the applicant to provide further information to support the application within a stated reasonable period. The chief executive must decide the application, and advise the applicant of the decision, within— 6 months after the application was made; or 6 months after the application was made together with any time the chief executive reasonably requires to deal with additional information given by the applicant. The chief executive may decide the application if the applicant does not provide additional information within the stated period. If the chief executive decides to grant the application, it is not necessary for the decision to provide for a replacement lease entitlement notice that is consistent in every respect with the details included in the application. However, the chief executive must be satisfied about the existence of the lease entitlement as identified in the replacement lease entitlement notice as proposed by the chief executive. If the chief executive grants the application, the chief executive must publish a lease entitlement notice on the department’s website to replace the existing lease entitlement notice. If the chief executive refuses the application, or if the application is granted but the chief executive’s decision provides for a replacement notice inconsistent with the application, the chief executive must give a notice to the applicant advising of the decision and include the chief executive’s reasons for the decision. If, under this section, the chief executive decides to publish a replacement lease entitlement notice, the chief executive must give a copy of the replacement lease entitlement notice, and the chief executive’s reasons for the decision, to— the trustee of the trust area; and any person the chief executive reasonably considers to be an affected person for the decision, including, for example, a person named in the lease entitlement notice proposed to be replaced. (sec.24-ssec.1) A person (the applicant ) may apply to the chief executive to publish a lease entitlement notice to replace a lease entitlement notice currently in force for a trust area because the lease entitlement notice does not accurately state the details of a lease entitlement. (sec.24-ssec.2) The applicant must give the chief executive information and documents in the applicant’s possession to identify the details of the notice applied for. (sec.24-ssec.3) If the applicant and the person identified, or proposed to be identified, as the holder of the lease entitlement under the replacement notice are not the same person, the applicant must include with the application information to satisfy the chief executive that it is reasonable in the circumstances for the applicant to be making the application. (sec.24-ssec.4) The chief executive may ask the applicant to provide further information to support the application within a stated reasonable period. (sec.24-ssec.5) The chief executive must decide the application, and advise the applicant of the decision, within— 6 months after the application was made; or 6 months after the application was made together with any time the chief executive reasonably requires to deal with additional information given by the applicant. (sec.24-ssec.6) The chief executive may decide the application if the applicant does not provide additional information within the stated period. (sec.24-ssec.7) If the chief executive decides to grant the application, it is not necessary for the decision to provide for a replacement lease entitlement notice that is consistent in every respect with the details included in the application. (sec.24-ssec.8) However, the chief executive must be satisfied about the existence of the lease entitlement as identified in the replacement lease entitlement notice as proposed by the chief executive. (sec.24-ssec.9) If the chief executive grants the application, the chief executive must publish a lease entitlement notice on the department’s website to replace the existing lease entitlement notice. (sec.24-ssec.10) If the chief executive refuses the application, or if the application is granted but the chief executive’s decision provides for a replacement notice inconsistent with the application, the chief executive must give a notice to the applicant advising of the decision and include the chief executive’s reasons for the decision. (sec.24-ssec.11) If, under this section, the chief executive decides to publish a replacement lease entitlement notice, the chief executive must give a copy of the replacement lease entitlement notice, and the chief executive’s reasons for the decision, to— the trustee of the trust area; and any person the chief executive reasonably considers to be an affected person for the decision, including, for example, a person named in the lease entitlement notice proposed to be replaced.