13CMaking decision on submitted environment plan

13C Making decision on submitted environment plan

(1) Within 30 days after a titleholder submits an environment plan—

(a) if the Minister is reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must accept the plan; or

(b) if the Minister is not reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must give the titleholder notice in writing under subregulation (2); or

(c) if the Minister is unable to make a decision on the environment plan within the 30 day period, the Minister must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.

(2) A notice to a titleholder under this regulation must—

(a) state that the Minister is not reasonably satisfied that the environment plan submitted by the titleholder meets the criteria set out in regulation 13D; and

(b) identify the criteria set out in regulation 13D about which the Minister is not reasonably satisfied; and

(c) set a date by which the titleholder may resubmit the plan.

(3) The date referred to in subregulation (2)(c) must give the titleholder a reasonable opportunity to modify and resubmit the plan.

(4) Within 30 days after the titleholder has resubmitted the modified plan—

(a) if the Minister is reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must accept the plan; or

(b) if the Minister is still not reasonably satisfied that the environment plan meets the criteria set out in regulation 13D, the Minister must—

(i) give the titleholder a further notice under subregulation (2); or

(ii) refuse to accept the plan; or

(iii) act under subregulation (6); or

(c) if the Minister is unable to make a decision on the environment plan within the 30 day period, the Minister must give the titleholder notice in writing and set out a proposed timetable for consideration of the plan.

(5) If the titleholder does not resubmit the plan by the date referred to in subregulation (2)(c), or a later date agreed to by the Minister, the Minister must—

(a) refuse to accept the plan; or

(b) act under subregulation (6).

(6) For the purposes of subregulation (4)(b)(iii) and (5)(b), the Minister may do either or both of the following—

(a) accept the plan in part for a particular stage of the activity;

(b) accept the plan subject to limitations or conditions applying to operations for the activity.

(7) A decision by the Minister to accept, or refuse to accept, an environment plan is not invalid only because the Minister did not comply with the 30 day period in subregulation (1) or (4).