295NLicence conditions

295N Licence conditions

295N Licence conditions

(1) A condition of a licence may be imposed in relation to a green offset scheme or work even though—

(a) the scheme or work does not relate to the licensed premises, or

(b) the scheme or work does not relate to harm arising from the activity authorised or controlled by the licence,

so long as the harm arises from the same kind of licensed activities and relates to the same types of pollutants or impacts that arise from the activity authorised or controlled by the licence.

(2) The appropriate regulatory authority may not impose any such condition on a licence unless it is satisfied of the following—

(a) that the pollutants or impacts of the activity may not be otherwise prevented, controlled, abated or mitigated in a cost effective way by other measures under the licence,

(b) that the proposed green offset scheme or work is likely to result in at least the same or a more beneficial effect on the environment than the use of such other measures,

(c) that the effects and benefits of the proposed green offset scheme or work may be reliably estimated or ascertained by the authority,

(d) that the effects of the proposed green offset scheme or work are likely to occur wholly or partly in an area affected by the pollutants or impacts that arise from the activity,

(e) that the effects and benefits of the proposed green offset scheme or work are likely to last at least until the relevant impact of the activity is offset.

(3) The regulations may, for the purpose of giving effect to a green offset scheme or works, impose conditions on licences.

(4) Conditions of a licence that are imposed by the regulations for the purposes of this Part cannot be substituted, omitted, amended or revoked by a regulatory authority.

(5) This section does not prevent a condition from being attached to a licence by an appropriate regulatory authority in the manner provided by Chapter 3.

Note.

Under section 69, conditions may be imposed on licences implementing or otherwise relating to green offset schemes and green offset works.

ss 295M–295P: Ins 2005 No 96, Sch 1 [129].