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S.L. 549.123 · Trees And Woodlands (S.L. 549.123)

S.L. 549.123 Art. 22Applicable terms and conditions.

PART V:

In KraftAmtlicher Text

(1) The Authority may impose any conditions it deems appropriate in such permits.

(2) The period of validity of the permit shall be clearly indicated in the permit.

(3) In the event that the Authority refuses the application for a permit, the authority shall inform the applicant of the reasons for such refusal.

(4) The Authority may vary, revoke or suspend any permit or other authorisation granted under these regulations, and may order that the tree or site affected by the permitted activity be remedied to the condition that preceded the permit, giving reasons for its decision. In such instances, the following terms shall apply:

(a) in the case of a permit or authorisation issued on the basis of incorrect, incomplete, misleading or fraudulent information contained in the relevant permit application or in any other submitted documentation having a material influence on the permitting decision, the Authority shall not be liable to any claims for damages, whereas the applicant shall be liable for the full expenses of restoration and for the remediation of any damage and adverse effects arising from the activity or from works carried out and may also be subjected to any applicable penalties;

(b) in the case of a permit or authorisation, already issued, where there is no such responsibility or fault on the part of the applicant, the applicant shall be entitled to any reasonable claims for the recovery of material costs and remediation of any physical damage consequent to the Authority’s decision.

(5) The Authority may not issue or renew a permit if the applicant has defaulted on any of the terms, conditions, obligations, approved specifications or limitations of any other permit, licence, approval or authorisation issued by the Authority in relation to the site in question or otherwise affecting it, whether under these regulations or not.

(6) A permit granted under these regulations shall not exonerate the applicant from also obtaining all other permits, licences, approvals and authorisations that may be required by law, including consent from owners or from third parties wherever relevant, and a permit shall not be construed as an in-principle commitment or agreement toward the issuing of any permit, licence, approval, consent, authorisation or concession that is beyond the scope of these regulations, and vice-versa.

(7) A permit granted under these regulations shall not be construed as an approval or sanctioning of any other intervention that is beyond the scope of these regulations, even where shown, omitted or implied in any submitted document or in any approved document appended to the permit or linked thereto in any other way.