sec.44Scheme manager may require further information from holder before allocation decision

sec.44 Scheme manager may require further information from holder before allocation decision

The scheme manager may, before making an allocation decision for an authority, require the holder of the authority to give the scheme manager further information or a document the scheme manager reasonably requires to make the decision. For an initial allocation decision, the scheme manager may exercise the power mentioned in subsection (1) at any time after the holder has applied for an ERC decision under the Environmental Protection Act 1994 , section 298 in relation to the authority. The requirement must— be made by notice given to the holder; and state a reasonable period of at least 10 business days within which the holder must comply with the requirement. The scheme manager may extend the period mentioned in subsection (3) (b) by notice given to the holder. The holder of the authority must, unless the holder has a reasonable excuse, comply with the requirement. Maximum penalty—100 penalty units. If the holder of the authority does not comply with the requirement, the scheme manager may make the decision without the further information or document. (sec.44-ssec.1) The scheme manager may, before making an allocation decision for an authority, require the holder of the authority to give the scheme manager further information or a document the scheme manager reasonably requires to make the decision. (sec.44-ssec.2) For an initial allocation decision, the scheme manager may exercise the power mentioned in subsection (1) at any time after the holder has applied for an ERC decision under the Environmental Protection Act 1994 , section 298 in relation to the authority. (sec.44-ssec.3) The requirement must— be made by notice given to the holder; and state a reasonable period of at least 10 business days within which the holder must comply with the requirement. (sec.44-ssec.4) The scheme manager may extend the period mentioned in subsection (3) (b) by notice given to the holder. (sec.44-ssec.5) The holder of the authority must, unless the holder has a reasonable excuse, comply with the requirement. Maximum penalty—100 penalty units. (sec.44-ssec.6) If the holder of the authority does not comply with the requirement, the scheme manager may make the decision without the further information or document.

• (a) be made by notice given to the holder; and
• (b) state a reasonable period of at least 10 business days within which the holder must comply with the requirement.