sec.314Deciding application

### sec.314 Deciding application The administering authority must, within the relevant period— approve or refuse an application under section 312 ; and give the applicant an information notice about the decision. If the application relates to amending the amount or form of financial assurance, the authority must have regard to the financial assurance guideline in deciding the application. Despite subsection (1) , the administering authority may approve an application to discharge a financial assurance only if the authority is satisfied no claim is likely to be made on the assurance. Subsection (5) applies if the application— relates to amending or discharging the financial assurance; and the application was made because of a transfer application for the environmental authority for which the financial assurance was given. Despite subsection (1) , the administering authority may withhold making a decision under that subsection until— the transfer application has been approved; and any financial assurance for the environmental authority required to be given by the new holder has been given; and the transfer has taken effect. In this section— relevant period means— if the applicant is required to give a compliance statement under section 313 —20 business days after the statement is received by the administering authority; or otherwise—20 business days after the application is received. s 314 prev s 314 ins 2000 No. 64 s 6 sub 2002 No. 45 s 12 om 2004 No. 48 s 112 pres s 314 ins 2012 No. 16 s 8 amd 2014 No. 59 s 60 sub 2018 No. 30 s 173 (sec.314-ssec.1) The administering authority must, within the relevant period— approve or refuse an application under section 312 ; and give the applicant an information notice about the decision. (sec.314-ssec.2) If the application relates to amending the amount or form of financial assurance, the authority must have regard to the financial assurance guideline in deciding the application. (sec.314-ssec.3) Despite subsection (1) , the administering authority may approve an application to discharge a financial assurance only if the authority is satisfied no claim is likely to be made on the assurance. (sec.314-ssec.4) Subsection (5) applies if the application— relates to amending or discharging the financial assurance; and the application was made because of a transfer application for the environmental authority for which the financial assurance was given. (sec.314-ssec.5) Despite subsection (1) , the administering authority may withhold making a decision under that subsection until— the transfer application has been approved; and any financial assurance for the environmental authority required to be given by the new holder has been given; and the transfer has taken effect. (sec.314-ssec.6) In this section— relevant period means— if the applicant is required to give a compliance statement under section 313 —20 business days after the statement is received by the administering authority; or otherwise—20 business days after the application is received. - (a) approve or refuse an application under section 312 ; and - (b) give the applicant an information notice about the decision. - (a) relates to amending or discharging the financial assurance; and - (b) the application was made because of a transfer application for the environmental authority for which the financial assurance was given. - (a) the transfer application has been approved; and - (b) any financial assurance for the environmental authority required to be given by the new holder has been given; and - (c) the transfer has taken effect. - (a) if the applicant is required to give a compliance statement under section 313 —20 business days after the statement is received by the administering authority; or - (b) otherwise—20 business days after the application is received.