Nature Conservation (Plants) Regulation 2020
sec.108Chief executive to decide application
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sec.108 Chief executive to decide application
The chief executive must, after considering an application for a plant authority, decide to— grant the authority, with or without conditions decided by the chief executive; or refuse the application. The chief executive must decide the application— if, under section 105 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or otherwise—within 40 business days after receiving the application. Subsection (4) applies if the chief executive considers a clearing activity to be carried out under a protected plant clearing permit will have a significant residual impact on critically endangered plants, endangered plants or vulnerable plants. Without limiting subsection (1) , the chief executive may impose a condition on the protected plant clearing permit requiring the holder of the permit to provide an environmental offset for the clearing activity. In this section— environmental offset see the Environmental Offsets Act 2014 , section 7 (2) . significant residual impact see the Environmental Offsets Act 2014 , section 8 . s 108 amd 2021 SL No. 36 s 52 (sec.108-ssec.1) The chief executive must, after considering an application for a plant authority, decide to— grant the authority, with or without conditions decided by the chief executive; or refuse the application. (sec.108-ssec.2) The chief executive must decide the application— if, under section 105 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or otherwise—within 40 business days after receiving the application. (sec.108-ssec.3) Subsection (4) applies if the chief executive considers a clearing activity to be carried out under a protected plant clearing permit will have a significant residual impact on critically endangered plants, endangered plants or vulnerable plants. (sec.108-ssec.4) Without limiting subsection (1) , the chief executive may impose a condition on the protected plant clearing permit requiring the holder of the permit to provide an environmental offset for the clearing activity. (sec.108-ssec.5) In this section— environmental offset see the Environmental Offsets Act 2014 , section 7 (2) . significant residual impact see the Environmental Offsets Act 2014 , section 8 .
- (a) grant the authority, with or without conditions decided by the chief executive; or
- (b) refuse the application.
- (a) if, under section 105 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or
- (b) otherwise—within 40 business days after receiving the application.