Nature Conservation (Plants) Regulation 2020

If the chief executive proposes to amend a plant authority under section 120, the chief executive must give the holder of the authority a notice stating the following—

the proposed amendment;

the ground for the proposed amendment under section 120;

an outline of the facts and circumstances forming the basis for the ground;

that the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.

The chief executive may amend the plant authority if, after considering any written representations made within the stated period, the chief executive still believes the amendment should be made—

in the way stated in the notice; or

in another way, having regard to the representations.

If the chief executive decides to amend the plant authority, the chief executive must give the holder an information notice for the decision.

The amendment takes effect on the later of the following days—

the day the information notice is given to the holder;

the day of effect stated in the notice.

The effect of the amendment does not depend on the amendment being noted on the plant authority.

If the chief executive decides not to amend the plant authority, the chief executive must, as soon as practicable after making the decision, give the holder notice of the decision.