sec.118Deciding application

### sec.118 Deciding application The issuing entity must consider and decide whether to grant or refuse the application. The issuing entity may grant the application only if— if the issuing entity has a stock route network management plan—the use of the land for agistment is consistent with the plan; and the issuing entity is satisfied— the applicant has not held a stock route agistment permit for the land in the 3 months immediately before the date of the application; and there is more pasture and water available on the land than is needed for the use of travelling stock; and the land is not subject to a lease or permit under the Land Act ; and the stock’s agistment is not likely to— introduce invasive biosecurity matter onto land in the entity’s area; or spread invasive biosecurity matter on the land; or degrade the land; or adversely affect road safety; and the stock to be agisted are not affected by prohibited matter or category 1 or 2 restricted matter under the Biosecurity Act 2014 . Also, if the land is a State-controlled road, the issuing entity may grant the application only if the use of the land for agistment is approved, with or without conditions, by the chief executive of the department responsible for managing State-controlled roads. A condition of an approval mentioned in subsection (3) may only be about— protecting road transport infrastructure under the Transport Infrastructure Act 1994 ; or road safety. In this section— invasive biosecurity matter means invasive biosecurity matter under the Biosecurity Act 2014 . s 118 amd 2004 No. 33 s 13 ; 2014 No. 7 s 551 (sec.118-ssec.1) The issuing entity must consider and decide whether to grant or refuse the application. (sec.118-ssec.2) The issuing entity may grant the application only if— if the issuing entity has a stock route network management plan—the use of the land for agistment is consistent with the plan; and the issuing entity is satisfied— the applicant has not held a stock route agistment permit for the land in the 3 months immediately before the date of the application; and there is more pasture and water available on the land than is needed for the use of travelling stock; and the land is not subject to a lease or permit under the Land Act ; and the stock’s agistment is not likely to— introduce invasive biosecurity matter onto land in the entity’s area; or spread invasive biosecurity matter on the land; or degrade the land; or adversely affect road safety; and the stock to be agisted are not affected by prohibited matter or category 1 or 2 restricted matter under the Biosecurity Act 2014 . (sec.118-ssec.3) Also, if the land is a State-controlled road, the issuing entity may grant the application only if the use of the land for agistment is approved, with or without conditions, by the chief executive of the department responsible for managing State-controlled roads. (sec.118-ssec.4) A condition of an approval mentioned in subsection (3) may only be about— protecting road transport infrastructure under the Transport Infrastructure Act 1994 ; or road safety. (sec.118-ssec.5) In this section— invasive biosecurity matter means invasive biosecurity matter under the Biosecurity Act 2014 . - (a) if the issuing entity has a stock route network management plan—the use of the land for agistment is consistent with the plan; and - (b) the issuing entity is satisfied— (i) the applicant has not held a stock route agistment permit for the land in the 3 months immediately before the date of the application; and (ii) there is more pasture and water available on the land than is needed for the use of travelling stock; and (iii) the land is not subject to a lease or permit under the Land Act ; and (iv) the stock’s agistment is not likely to— (A) introduce invasive biosecurity matter onto land in the entity’s area; or (B) spread invasive biosecurity matter on the land; or (C) degrade the land; or (D) adversely affect road safety; and (v) the stock to be agisted are not affected by prohibited matter or category 1 or 2 restricted matter under the Biosecurity Act 2014 . - (i) the applicant has not held a stock route agistment permit for the land in the 3 months immediately before the date of the application; and - (ii) there is more pasture and water available on the land than is needed for the use of travelling stock; and - (iii) the land is not subject to a lease or permit under the Land Act ; and - (iv) the stock’s agistment is not likely to— (A) introduce invasive biosecurity matter onto land in the entity’s area; or (B) spread invasive biosecurity matter on the land; or (C) degrade the land; or (D) adversely affect road safety; and - (A) introduce invasive biosecurity matter onto land in the entity’s area; or - (B) spread invasive biosecurity matter on the land; or - (C) degrade the land; or - (D) adversely affect road safety; and - (v) the stock to be agisted are not affected by prohibited matter or category 1 or 2 restricted matter under the Biosecurity Act 2014 . - (i) the applicant has not held a stock route agistment permit for the land in the 3 months immediately before the date of the application; and - (ii) there is more pasture and water available on the land than is needed for the use of travelling stock; and - (iii) the land is not subject to a lease or permit under the Land Act ; and - (iv) the stock’s agistment is not likely to— (A) introduce invasive biosecurity matter onto land in the entity’s area; or (B) spread invasive biosecurity matter on the land; or (C) degrade the land; or (D) adversely affect road safety; and - (A) introduce invasive biosecurity matter onto land in the entity’s area; or - (B) spread invasive biosecurity matter on the land; or - (C) degrade the land; or - (D) adversely affect road safety; and - (v) the stock to be agisted are not affected by prohibited matter or category 1 or 2 restricted matter under the Biosecurity Act 2014 . - (A) introduce invasive biosecurity matter onto land in the entity’s area; or - (B) spread invasive biosecurity matter on the land; or - (C) degrade the land; or - (D) adversely affect road safety; and - (a) protecting road transport infrastructure under the Transport Infrastructure Act 1994 ; or - (b) road safety.