(a) a Commonwealth condition for an
area that is not a protected area;
(b) a State condition;
(c) a local
government condition.
(2) The authority holder may, at any time and free of
charge, apply for an amendment of the authority to remove one of the
conditions on the basis that the conditions are duplicate conditions.
(3) The
authority holder must apply, in the approved form, to—
(a) if one of the
offset conditions is a Commonwealth condition mentioned in subsection (1) (a)
—the administering agency that imposed the offset condition that is not a
Commonwealth condition, to remove the offset condition imposed by that agency;
or
(b) otherwise—
(i) the administering agency prescribed by regulation, to
remove the condition imposed by that agency; or
(ii) if an administering
agency is not prescribed by regulation—either administering agency that
imposed an offset condition, to remove the offset condition imposed by that
agency.
(4) The administering agency must decide the application within 10
business days after receiving the application.
(5) The administering agency
may decide to amend the authority if satisfied that the conditions are
duplicate conditions.
(6) If the administering agency decides to amend the
authority by removing the condition, the agency may also make any other
amendments that the agency considers—
(a) relate to the removal of the
condition; and
(b) are necessary or desirable.
(7) If the administering
agency decides to amend the authority, the agency must, within 10 days after
making the decision—
(a) give the amended authority to the authority holder;
and
(b) include a copy of the amended authority in the register kept under
section 90.
(8) If the administering agency decides not to amend the
authority, the administering agency must give the authority holder a notice
that states—
(a) the decision and the reasons for the decision; and
(b)
that the holder may apply for a review of the decision; and
(c) how and when
the holder may apply for a review of the decision.
(9) A regulation may
provide for a review of the decision.
(10) Any provisions in the Act under
which the offset condition was imposed about amending conditions of an
authority, other than a provision mentioned in section 5 , do not apply to an
offset condition that is amended under this section.
