sec.338Criteria for deciding application

### sec.338 Criteria for deciding application In deciding whether to approve or refuse to approve an application for the issue of a transitional environmental program or the conditions to be imposed on the program, the administering authority— must consider whether the program sought by the application— may allow serious environmental harm to happen or cause serious environmental harm; and will achieve full compliance with the Act for the matters dealt with by the program under section 349 ; and must comply with any relevant regulatory requirement; and subject to paragraph (b) , must also consider the following— the standard criteria; additional information given in relation to the application; the views expressed at a conference held in relation to the application. Subsection (1) (c) does not limit the criteria or matters the administering authority may consider in making a decision under section 339 . Without limiting the circumstances in which the administering authority may refuse to approve the application, the administering authority may refuse to approve the application if it considers the program sought by the application may allow serious environmental harm to happen or cause serious environmental harm. However, the administering authority must refuse to approve the application if it considers the program sought by the application will not achieve full compliance with the Act for the matters dealt with by the program under section 349 . s 338 sub 1996 No. 10 s 15 amd 1998 No. 13 s 50 ; 2007 No. 56 ss 18 , 6 sch (amdt could not be given effect); 2012 No. 16 s 19 ; 2016 No. 27 s 218 ; 2023 No. 6 s 68 (sec.338-ssec.1) In deciding whether to approve or refuse to approve an application for the issue of a transitional environmental program or the conditions to be imposed on the program, the administering authority— must consider whether the program sought by the application— may allow serious environmental harm to happen or cause serious environmental harm; and will achieve full compliance with the Act for the matters dealt with by the program under section 349 ; and must comply with any relevant regulatory requirement; and subject to paragraph (b) , must also consider the following— the standard criteria; additional information given in relation to the application; the views expressed at a conference held in relation to the application. (sec.338-ssec.2) Subsection (1) (c) does not limit the criteria or matters the administering authority may consider in making a decision under section 339 . (sec.338-ssec.3) Without limiting the circumstances in which the administering authority may refuse to approve the application, the administering authority may refuse to approve the application if it considers the program sought by the application may allow serious environmental harm to happen or cause serious environmental harm. (sec.338-ssec.4) However, the administering authority must refuse to approve the application if it considers the program sought by the application will not achieve full compliance with the Act for the matters dealt with by the program under section 349 . - (a) must consider whether the program sought by the application— (i) may allow serious environmental harm to happen or cause serious environmental harm; and (ii) will achieve full compliance with the Act for the matters dealt with by the program under section 349 ; and - (i) may allow serious environmental harm to happen or cause serious environmental harm; and - (ii) will achieve full compliance with the Act for the matters dealt with by the program under section 349 ; and - (b) must comply with any relevant regulatory requirement; and - (c) subject to paragraph (b) , must also consider the following— (i) the standard criteria; (ii) additional information given in relation to the application; (iii) the views expressed at a conference held in relation to the application. - (i) the standard criteria; - (ii) additional information given in relation to the application; - (iii) the views expressed at a conference held in relation to the application. - (i) may allow serious environmental harm to happen or cause serious environmental harm; and - (ii) will achieve full compliance with the Act for the matters dealt with by the program under section 349 ; and - (i) the standard criteria; - (ii) additional information given in relation to the application; - (iii) the views expressed at a conference held in relation to the application.