MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 8 General environmental offences
Part 3F Offences relating to fuel standards

[s 440ZV]

               documents about the application by the reasonable date stated
               in the notice.
         (2)   The notice must be accompanied by, or include, an
               information notice about the chief executive’s decision to
               make the request.
         (3)   The chief executive may refuse the application if the applicant
               does not give the chief executive the further information or
               documents by the stated day, without reasonable excuse.

440ZV Deciding applications
         (1)   The chief executive must consider the application and either
               give the exemption, with or without conditions, or refuse the
               application.
         (2)   The chief executive may give an exemption only if satisfied—
               (a)    the exemption is necessary—
                      (i)    to prevent a significant disruption to the supply of
                             fuel in the State or a part of the State; or
                      (ii) to allow the applicant to supply fuel in the State or
                           a part of the State; and
               (b)    the applicant has no reasonable way of complying with
                      the provision; and
               (c)    the exemption is in the public interest.
         (3)   Without limiting subsection (1), a condition may be about
               how the applicant must prevent or minimise environmental
               harm that may be caused if the exemption is given.

440ZW Giving exemptions
         (1)   If the chief executive decides to give the exemption, the chief
               executive must give the applicant a written notice stating—
               (a)    the person to whom the exemption is given; and
               (b)    the provision from which the person is exempted; and
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