Draft variation required by Minister
36 Draft variation required by Minister
The Minister may give a GHG licensee a written notice —
requiring the licensee to submit to the Minister a draft variation of an approved site plan as set out in the notice; and
setting out the technical grounds for requiring the draft variation; and
identifying the proposed date by which the licensee must submit the draft variation to the Minister; and
identifying the proposed effective date of the draft variation; and
advising the licensee of the effect of subregulation (2).
If the Minister gives a GHG licensee a notice under subregulation (1), the licensee may submit a written objection to the Minister stating 1 or more of the following —
that a draft variation should not be required;
that the draft variation should be on terms different from the proposed terms stated in the notice;
that the date by which the licensee must submit the draft variation should be later than the proposed date;
that the draft variation should take effect on a date later than the proposed effective date.
An objection submitted under subregulation (2) must include the reasons for the objection.
If a GHG licensee submits an objection under subregulation (2), the licensee must submit the objection within —
21 days after receiving the notice; or
if the Minister agrees in writing to a longer period — that longer period.
As soon as practicable after a licensee submits an objection under subregulation (2), the Minister must decide whether to accept or reject the objection.
As soon as practicable after making a decision under subregulation (5), the Minister must give the GHG licensee written notice of the decision specifying —
if the decision is to accept the objection —
whether the original notice given under subregulation (1) is varied or withdrawn; and
if the original notice is varied — the requirements of that notice as varied;
or
if the decision is to reject the objection — the reasons for the decision.
The GHG licensee must comply with the requirements of a notice given under subregulation (1) unless the notice is varied or withdrawn under subregulation (6).
If the notice is varied under subregulation (6)(a), the GHG licensee must comply with the requirements of the notice as varied.
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