Export Control (Plants and Plant Products) Rules 2021
12‑2 Application for determination that 12‑2 Application for determination that establishment is a small horticultural products registered establishment for a financial year
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12‑2 Application for determination that establishment is a small horticultural products registered establishment for a financial year
Application for determination (1) This section applies if: (a) an application had been made to the Secretary under subsection 13A(1) of the old Export Control (Plants) Order for a determination under subsection 13A(6) of that Order that the establishment is a small horticultural products registered establishment for a financial year; and (b) no decision on the application had been made before the commencement time. (2) If the application was in relation to a registered establishment, the application is taken to have been withdrawn at the commencement time. (3) If the application was in relation to an establishment that was not a registered establishment, the application is taken to be an application made under section 111 of the Act to register the establishment for the kind of export operations in relation to the kind of prescribed plants or plant products referred to in the application.
Note: See section 1‑8 of this instrument for requirements that must be met for a registered establishment to be a small horticultural products registered establishment for a financial year.
Request for further information (4) If: (a) subsection (3) of this section applies in relation to the application; and (b) the Secretary had requested, under subsection 13A(5) of the old Export Control (Plants) Order, the applicant to provide further information in relation to the application; and (c) the information had not been provided before the commencement time; the request is taken, after the commencement time, to be a request made under paragraph 379(9)(a) of the Act for information relevant to the application. (5) If the request did not specify the period within which the request must be complied with, it must be complied with as soon as practicable.