CDS approval required to replace existing validated approval
98 CDS approval required to replace existing validated approval
(1) This section applies in relation to an existing validated approval if the condition in section 97(1)(e) or (f) applies.
(2) The NT EPA must give the holder of the existing validated approval a notice requesting the holder to apply, within the relevant prescribed period, for a CDS approval to replace the existing validated approval (a replacement approval).
The notice must be given:
(a) in relation to the existing validated approval to which the condition in section 97(1)(e) applies – as soon as practicable after the NT EPA becomes aware that the related WMA has ceased to be an appropriate WMA; and
(b) in relation to the existing validated approval to which the condition in section 97(1)(f) applies – as soon as practicable after the commencement day.
(4) The notice must state that the existing validated approval will be cancelled:
(a) if the holder of the existing validated approval applies for, and is granted, a replacement approval; or
if the holder does not apply for a replacement approval:
within the relevant prescribed period; or
(ii) if applicable – before the expiry of the period extended under subsection (5).
(5) Subject to section 99(6), the NT EPA may extend the relevant prescribed period, by no more than 6 months, if:
(a) the holder of the existing validated approval applies to the NT EPA for the extension:
in writing; and
(ii) no later than 30 days before the end of the relevant prescribed period; and
(b) the NT EPA is satisfied it is reasonable in the circumstances to extend the period.
(6) If the NT EPA refuses to extend the relevant prescribed period:
(a) it must give the holder of the existing validated approval a review notice; and
Part 2, Division 7 applies.
(7) Part 2, Division 6, Subdivision 1 applies in relation to an application for a replacement approval.
In this section:
relevant prescribed period means the following period:
(a) in relation to an existing validated approval to which the condition in section 97(1)(e) applies – 2 months after the day on which the notice is given to the holder under subsection (2);
(b) in relation to an existing validated approval to which the condition in section 97(1)(f) applies:
(i) if the existing validated approval is a coordinator approval – 6 months after the day on which the notice is given to the holder under subsection (2); or
(ii) if the existing validated approval is a collection approval or supply approval – 8 months after the day on which the notice is given to the holder under subsection (2).
This provision refers to the regulations (prescribed period
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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