Grant or refusal and variation of licence
2.13 Grant or refusal and variation of licence
If an application for a biodiversity conservation licence is duly made, the Environment Agency Head may—
grant the licence, or
refuse to grant the licence.
A biodiversity conservation licence may be granted for the period specified in the licence.
The Environment Agency Head may, by notice served on the holder of a biodiversity conservation licence, vary the licence. A licence may be varied on the application of the holder of the licence or on the initiative of the Environment Agency Head.
To avoid doubt, the Environment Agency Head is not a determining authority for the purposes of Part 5 of the Environmental Planning and Assessment Act 1979 when granting or varying a biodiversity conservation licence.
The Environment Agency Head may refuse to grant a biodiversity conservation licence if the Agency Head considers that the application for the licence relates to a matter that should be dealt with by an application for an approval to clear native vegetation under Division 6 of Part 5A of the Local Land Services Act 2013.
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