10Low-risk activities

10 Low-risk activities

(1)  Not less than 12 months after the day on which a person became –

(a) responsible for a level 2 activity conducted under a LUPAA permit; or

(b) subject to an environment protection notice issued in accordance with section 27(6)(a) of the Act –

the person may apply in writing to the Board for a determination as to whether or not an environmentally relevant activity that is a level 2 activity to which the permit or notice relates is a low-risk activity.

(2)  An application is to –

(a) be made not less than 90 days before the next 12-month anniversary of –

(i) the day on which the LUPAA permit to which the application relates was granted or taken to have been granted; or

(ii) the day on which the environment protection notice to which the application relates was served; and

(b) be in a form approved by the Board; and

(c) be accompanied by any documents that the Board considers appropriate; and

(d) contain any additional information that the Board considers appropriate.

(3)  On receipt of an application or at its discretion, the Board may determine that an environmentally relevant activity –

(a) is a low-risk activity; or

(b) is not a low-risk activity.

(4)  A determination made under subregulation (3)(a) may be made with or without any conditions that the Board considers appropriate.

(5)  In making a determination, the Board may take into consideration any one or more of the following matters:

(a) whether or not the applicant has substantially complied with any conditions imposed by the Board on the LUPAA permit or environment protection notice;

(b) the size, scale, nature and character of works conducted as part of the environmentally relevant activity;