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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 440ZV
Deciding applications
440ZV Deciding applications
(1) The chief executive must consider the application and either give the
exemption, with or without conditions, or refuse the application.
(2) The
chief executive may give an exemption only if satisfied— (a) the exemption
is necessary— (i) to prevent a significant disruption to the supply of fuel
in the State or a part of the State; or
(ii) to allow the applicant to supply
fuel in the State or a part of the State; and
(b) the applicant has no
reasonable way of complying with the provision; and
(c) the exemption is in
the public interest.
(3) Without limiting subsection (1) , a condition may be
about how the applicant must prevent or minimise environmental harm that may
be caused if the exemption is given.
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