(1) A condition of a licence may be imposed in relation to a green offset
scheme or work even though--
(a) the scheme or work does not relate to the
licensed premises, or
(b) the scheme or work does not relate to harm arising
from the activity authorised or controlled by the licence,
so long as the harm
arises from the same kind of licensed activities and relates to the same types
of pollutants or impacts that arise from the activity authorised or controlled
by the licence.
(2) The appropriate regulatory authority may not impose any
such condition on a licence unless it is satisfied of the following--
(a) that
the pollutants or impacts of the activity may not be otherwise prevented,
controlled, abated or mitigated in a cost effective way by other measures
under the licence,
(b) that the proposed green offset scheme or work is
likely to result in at least the same or a more beneficial effect on the
environment than the use of such other measures,
(c) that the effects and
benefits of the proposed green offset scheme or work may be reliably estimated
or ascertained by the authority,
(d) that the effects of the proposed green
offset scheme or work are likely to occur wholly or partly in an area affected
by the pollutants or impacts that arise from the activity,
(e) that the
effects and benefits of the proposed green offset scheme or work are likely to
last at least until the relevant impact of the activity is offset.
(3) The
regulations may, for the purpose of giving effect to a green offset scheme or
works, impose conditions on licences.
(4) Conditions of a licence that are
imposed by the regulations for the purposes of this Part cannot be
substituted, omitted, amended or revoked by a regulatory authority.
(5) This
section does not prevent a condition from being attached to a licence by an
appropriate regulatory authority in the manner provided by Chapter 3.
Note :
Under section 69, conditions may be imposed on licences implementing or
otherwise relating to green offset schemes and green offset works.