sec.440ZVDeciding applications

### sec.440ZV Deciding applications The chief executive must consider the application and either give the exemption, with or without conditions, or refuse the application. The chief executive may give an exemption only if satisfied— the exemption is necessary— to prevent a significant disruption to the supply of fuel in the State or a part of the State; or to allow the applicant to supply fuel in the State or a part of the State; and the applicant has no reasonable way of complying with the provision; and the exemption is in the public interest. Without limiting subsection (1) , a condition may be about how the applicant must prevent or minimise environmental harm that may be caused if the exemption is given. s 440ZV ins 2008 No. 52 s 41 (sec.440ZV-ssec.1) The chief executive must consider the application and either give the exemption, with or without conditions, or refuse the application. (sec.440ZV-ssec.2) The chief executive may give an exemption only if satisfied— the exemption is necessary— to prevent a significant disruption to the supply of fuel in the State or a part of the State; or to allow the applicant to supply fuel in the State or a part of the State; and the applicant has no reasonable way of complying with the provision; and the exemption is in the public interest. (sec.440ZV-ssec.3) Without limiting subsection (1) , a condition may be about how the applicant must prevent or minimise environmental harm that may be caused if the exemption is given. - (a) the exemption is necessary— (i) to prevent a significant disruption to the supply of fuel in the State or a part of the State; or (ii) to allow the applicant to supply fuel in the State or a part of the State; and - (i) to prevent a significant disruption to the supply of fuel in the State or a part of the State; or - (ii) to allow the applicant to supply fuel in the State or a part of the State; and - (b) the applicant has no reasonable way of complying with the provision; and - (c) the exemption is in the public interest. - (i) to prevent a significant disruption to the supply of fuel in the State or a part of the State; or - (ii) to allow the applicant to supply fuel in the State or a part of the State; and