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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 314
Deciding application
314 Deciding application
(1) The administering authority must, within the relevant period— (a)
approve or refuse an application under section 312 ; and
(b) give the
applicant an information notice about the decision.
(2) If the application
relates to amending the amount or form of financial assurance, the authority
must have regard to the financial assurance guideline in deciding the
application.
(3) Despite subsection (1) , the administering authority may
approve an application to discharge a financial assurance only if the
authority is satisfied no claim is likely to be made on the assurance.
(4)
Subsection (5) applies if the application— (a) relates to amending or
discharging the financial assurance; and
(b) the application was made because
of a transfer application for the environmental authority for which the
financial assurance was given.
(5) Despite subsection (1) , the administering
authority may withhold making a decision under that subsection until— (a)
the transfer application has been approved; and
(b) any financial assurance
for the environmental authority required to be given by the new holder has
been given; and
(c) the transfer has taken effect.
(6) In this section—
"relevant period" means— (a) if the applicant is required to give a
compliance statement under section 313 —20 business days after the statement
is received by the administering authority; or
(b) otherwise—20 business
days after the application is received.
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