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reg 9

Deciding application

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Part 3Sustainability criteria for biofuels
Division 2Equivalent standards

9 Deciding application

(1)

For deciding an application under section 8, the chief executive (environment) must—

(a)

approve the standard as an equivalent standard for a sustainability standard; or

(b)

refuse to approve the standard as an equivalent standard for a sustainability standard.

(2)

In deciding whether to approve the standard, the chief executive (environment) must have regard to—

(a)

the sustainability measures set out in the standard compared to the sustainability measures set out in the sustainability standard; and

(b)

any adverse impact the production of biofuel in accordance with the standard may have on—

(i)

biodiversity, ecosystems and areas of high conservation value; or

(ii)

surface and ground water quality, including, for example, from nutrient or sediment runoff; or

(iii)

soil quality, including, for example, from soil degradation; and

(c)

anything else the chief executive (environment) considers relevant.

(3)

The chief executive (environment) may refuse to approve the standard if—

(a)

the chief executive (environment) has given the person a notice under section 8(3) asking for further information; and

(b)

the person does not comply with the request in the period stated in the notice.

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