sec.19AAgreed delivery arrangement before authority granted

sec.19A Agreed delivery arrangement before authority granted

This section applies if an entity enters into an agreed delivery arrangement (the early arrangement ) under section 19 before an authority is granted. The entity— may start to deliver a proponent-driven offset before the authority is granted; but must not pay any amount under a financial settlement offset until after the authority is granted. If, after the early arrangement is entered into, but not more than 10 business days after the authority for the prescribed activity is granted— there is a change in the way the prescribed activity is proposed to be carried out that will result in a change to the impact; and the administering agency decides that the impact that is counterbalanced under the early arrangement differs from the impact likely to arise from the prescribed activity; the administering agency must give the entity a notice under subsection (4) . The administering agency’s notice must state— the environmental offset is required to be delivered in a way that differs from the way stated in the early arrangement; and the entity is required to enter into another agreed delivery arrangement to that effect, within a stated reasonable period; and the reasons for the decision; and that the entity may apply for a review of the decision; and how and when the entity may apply for a review of the decision. A regulation may provide for a review of the decision to require the environmental offset to be delivered in a way that differs from the way stated in the early arrangement. s 19A ins 2014 No. 59 s 13C (sec.19A-ssec.1) This section applies if an entity enters into an agreed delivery arrangement (the early arrangement ) under section 19 before an authority is granted. (sec.19A-ssec.2) The entity— may start to deliver a proponent-driven offset before the authority is granted; but must not pay any amount under a financial settlement offset until after the authority is granted. (sec.19A-ssec.3) If, after the early arrangement is entered into, but not more than 10 business days after the authority for the prescribed activity is granted— there is a change in the way the prescribed activity is proposed to be carried out that will result in a change to the impact; and the administering agency decides that the impact that is counterbalanced under the early arrangement differs from the impact likely to arise from the prescribed activity; the administering agency must give the entity a notice under subsection (4) . (sec.19A-ssec.4) The administering agency’s notice must state— the environmental offset is required to be delivered in a way that differs from the way stated in the early arrangement; and the entity is required to enter into another agreed delivery arrangement to that effect, within a stated reasonable period; and the reasons for the decision; and that the entity may apply for a review of the decision; and how and when the entity may apply for a review of the decision. (sec.19A-ssec.5) A regulation may provide for a review of the decision to require the environmental offset to be delivered in a way that differs from the way stated in the early arrangement.