sec.14Deciding application

sec.14 Deciding application

The chief executive must consider the application and decide— to grant the application, with or without conditions decided by the chief executive; or See section 17 for other conditions of the collection authority. to refuse the application. The chief executive may grant the application only if the chief executive is satisfied of each of the following— the proposed taking and use of the native biological material— is for biodiscovery only; and conforms with the compliance code and any applicable collection protocols, to the extent the code and protocols are consistent with the conditions the chief executive proposes imposing under subsection (1) (a) ; other matters prescribed under a regulation for achieving the purposes of this Act . Also, if the application relates to State land that is a State plantation forest under the Forestry Act 1959 , the chief executive must consult with any plantation licensee for a licence area in the State plantation forest when considering the application. Subsection (2) does not limit the matters to which the chief executive may have regard in deciding the application. The chief executive may refuse the application even if a benefit sharing agreement is in force concerning the material the subject of the application. In this section— licence area , in a State plantation forest, see the Forestry Act 1959 , schedule 3 . plantation licensee , for a licence area in a State plantation forest, see the Forestry Act 1959 , schedule 3 . s 14 amd 2006 No. 16 s 68 sch 1 ; 2010 No. 12 s 251 sch ; 2020 No. 27 s 13 (sec.14-ssec.1) The chief executive must consider the application and decide— to grant the application, with or without conditions decided by the chief executive; or See section 17 for other conditions of the collection authority. to refuse the application. (sec.14-ssec.2) The chief executive may grant the application only if the chief executive is satisfied of each of the following— the proposed taking and use of the native biological material— is for biodiscovery only; and conforms with the compliance code and any applicable collection protocols, to the extent the code and protocols are consistent with the conditions the chief executive proposes imposing under subsection (1) (a) ; other matters prescribed under a regulation for achieving the purposes of this Act . (sec.14-ssec.2A) Also, if the application relates to State land that is a State plantation forest under the Forestry Act 1959 , the chief executive must consult with any plantation licensee for a licence area in the State plantation forest when considering the application. (sec.14-ssec.3) Subsection (2) does not limit the matters to which the chief executive may have regard in deciding the application. (sec.14-ssec.4) The chief executive may refuse the application even if a benefit sharing agreement is in force concerning the material the subject of the application. (sec.14-ssec.5) In this section— licence area , in a State plantation forest, see the Forestry Act 1959 , schedule 3 . plantation licensee , for a licence area in a State plantation forest, see the Forestry Act 1959 , schedule 3 .