sec.25ARemoving duplicate conditions

sec.25A Removing duplicate conditions

This section applies if, after an offset condition is imposed, any of the following offset conditions is imposed— a Commonwealth condition for an area that is not a protected area; a State condition; a local government condition. The authority holder may, at any time and free of charge, apply for an amendment of the authority to remove one of the conditions on the basis that the conditions are duplicate conditions. The authority holder must apply, in the approved form, to— if one of the offset conditions is a Commonwealth condition mentioned in subsection (1) (a) —the administering agency that imposed the offset condition that is not a Commonwealth condition, to remove the offset condition imposed by that agency; or otherwise— the administering agency prescribed by regulation, to remove the condition imposed by that agency; or if an administering agency is not prescribed by regulation—either administering agency that imposed an offset condition, to remove the offset condition imposed by that agency. The administering agency must decide the application within 10 business days after receiving the application. The administering agency may decide to amend the authority if satisfied that the conditions are duplicate conditions. If the administering agency decides to amend the authority by removing the condition, the agency may also make any other amendments that the agency considers— relate to the removal of the condition; and are necessary or desirable. If the administering agency decides to amend the authority, the agency must, within 10 days after making the decision— give the amended authority to the authority holder; and include a copy of the amended authority in the register kept under section 90 . If the administering agency decides not to amend the authority, the administering agency must give the authority holder a notice that states— the decision and the reasons for the decision; and that the holder may apply for a review of the decision; and how and when the holder may apply for a review of the decision. A regulation may provide for a review of the decision. Any provisions in the Act under which the offset condition was imposed about amending conditions of an authority, other than a provision mentioned in section 5 , do not apply to an offset condition that is amended under this section. In this section— duplicate conditions are offset conditions that relate to— the same, or substantially the same, impact; and the same, or substantially the same, prescribed environmental matter. s 25A ins 2014 No. 59 s 14 (sec.25A-ssec.1) This section applies if, after an offset condition is imposed, any of the following offset conditions is imposed— a Commonwealth condition for an area that is not a protected area; a State condition; a local government condition. (sec.25A-ssec.2) The authority holder may, at any time and free of charge, apply for an amendment of the authority to remove one of the conditions on the basis that the conditions are duplicate conditions. (sec.25A-ssec.3) The authority holder must apply, in the approved form, to— if one of the offset conditions is a Commonwealth condition mentioned in subsection (1) (a) —the administering agency that imposed the offset condition that is not a Commonwealth condition, to remove the offset condition imposed by that agency; or otherwise— the administering agency prescribed by regulation, to remove the condition imposed by that agency; or if an administering agency is not prescribed by regulation—either administering agency that imposed an offset condition, to remove the offset condition imposed by that agency. (sec.25A-ssec.4) The administering agency must decide the application within 10 business days after receiving the application. (sec.25A-ssec.5) The administering agency may decide to amend the authority if satisfied that the conditions are duplicate conditions. (sec.25A-ssec.6) If the administering agency decides to amend the authority by removing the condition, the agency may also make any other amendments that the agency considers— relate to the removal of the condition; and are necessary or desirable. (sec.25A-ssec.7) If the administering agency decides to amend the authority, the agency must, within 10 days after making the decision— give the amended authority to the authority holder; and include a copy of the amended authority in the register kept under section 90 . (sec.25A-ssec.8) If the administering agency decides not to amend the authority, the administering agency must give the authority holder a notice that states— the decision and the reasons for the decision; and that the holder may apply for a review of the decision; and how and when the holder may apply for a review of the decision. (sec.25A-ssec.9) A regulation may provide for a review of the decision. (sec.25A-ssec.10) Any provisions in the Act under which the offset condition was imposed about amending conditions of an authority, other than a provision mentioned in section 5 , do not apply to an offset condition that is amended under this section. (sec.25A-ssec.11) In this section— duplicate conditions are offset conditions that relate to— the same, or substantially the same, impact; and the same, or substantially the same, prescribed environmental matter.