sec.27Scheme manager must make initial risk category allocation

sec.27 Scheme manager must make initial risk category allocation

The scheme manager must decide to allocate the authority to 1 of the following risk categories (the initial risk category allocation )— very low; low; moderate; moderate-high; high. In deciding the initial risk category allocation, the scheme manager— must consider— the scheme manager’s opinion of the probability of the State incurring costs and expenses because the holder of the authority has not prevented or minimised environmental harm, or rehabilitated or restored the environment, in relation to a resource activity carried out under, or to ensure compliance with, the authority; and submissions made under section 28 ; and the scheme guidelines; and may consider any other matter the scheme manager considers relevant to the decision. In forming an opinion under subsection (2) (a) (i) , the scheme manager— must consider— the financial soundness of the holder; and the scheme guidelines; and may consider— the characteristics of a resource project to which the authority relates; and any other matter the scheme manager considers relevant to forming the opinion. In considering the financial soundness of the holder, the scheme manager may consider the financial soundness of a parent corporation of the holder. If there is more than 1 holder, the scheme manager— may consider the financial soundness of any or all of the holders; and in considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and must assign the authority to only 1 of the holders (the relevant holder of the authority). s 27 amd 2020 No. 26 s 118 sch 1 ; 2024 No. 33 s 95 (sec.27-ssec.1) The scheme manager must decide to allocate the authority to 1 of the following risk categories (the initial risk category allocation )— very low; low; moderate; moderate-high; high. (sec.27-ssec.2) In deciding the initial risk category allocation, the scheme manager— must consider— the scheme manager’s opinion of the probability of the State incurring costs and expenses because the holder of the authority has not prevented or minimised environmental harm, or rehabilitated or restored the environment, in relation to a resource activity carried out under, or to ensure compliance with, the authority; and submissions made under section 28 ; and the scheme guidelines; and may consider any other matter the scheme manager considers relevant to the decision. (sec.27-ssec.3) In forming an opinion under subsection (2) (a) (i) , the scheme manager— must consider— the financial soundness of the holder; and the scheme guidelines; and may consider— the characteristics of a resource project to which the authority relates; and any other matter the scheme manager considers relevant to forming the opinion. (sec.27-ssec.4) In considering the financial soundness of the holder, the scheme manager may consider the financial soundness of a parent corporation of the holder. (sec.27-ssec.5) If there is more than 1 holder, the scheme manager— may consider the financial soundness of any or all of the holders; and in considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and must assign the authority to only 1 of the holders (the relevant holder of the authority).