DEVELOPMENT ALLOWANCE AUTHORITY ACT 1980 (ARCHIVE)

CHAPTER 2 - DEVELOPMENT ALLOWANCE  

PART 5 - VARIATION OF REGISTRATION OR CERTIFICATE  

SECTION 46 (ARCHIVE)   CRITERIA FOR GRANTING APPLICATION  

46(1)   Variation of expenditure.  

The DAA must not grant an application for variation of expenditure unless the DAA is satisfied that:


(a) in any case - the entity has incurred, or proposes to incur, the varied expenditure in carrying out the same, or substantially the same, project as was specified in the original registration or certificate, as the case may be; and


(b) if the entity's project is part of a joint venture project - the varied expenditure relates to the same, or substantially the same, joint venture project as was specified in the original registration or certificate, as the case may be; and


(ba) if the entity's project is part of a joint venture project scheme - the varied expenditure relates to the same, or substantially the same, joint venture project scheme as was specified in the original registration or certificate, as the case may be; and


(c) if the entity's project is part of a company group project scheme - the varied expenditure relates to the same, or substantially the same, company group project scheme as was specified in the original registration or certificate, as the case may be; and


(d) if the entity's project is part of an individual project scheme - the varied expenditure relates to the same, or substantially the same, individual project scheme as was specified in the original registration or certificate, as the case may be.

46(2)   Variation of project.  

The DAA must not grant an application for variation of a project unless the DAA is satisfied that:


(a) in any case - the varied project is the same, or substantially the same, project as was specified in the original registration or certificate, as the case may be; and


(b) if the entity's project is part of a joint venture project - the varied project relates to the same, or substantially the same, joint venture project as was specified in the original registration or certificate, as the case may be; and


(ba) if the entity's project is part of a joint venture project scheme - the varied project relates to the same, or substantially the same, joint venture project scheme as was specified in the original registration or certificate, as the case may be; and


(c) if the entity's project is part of a company group project scheme - the varied project relates to the same, or substantially the same, company group project scheme as was specified in the original registration or certificate, as the case may be; and


(d) if the entity's project is part of an individual project scheme - the varied project relates to the same, or substantially the same, individual project scheme as was specified in the original registration or certificate, as the case may be.

46(3)   Variation of joint venture project.  

The DAA must not grant an application for variation of a joint venture project unless the DAA is satisfied that the varied joint venture project is the same, or substantially the same, as the joint venture project specified in the original registration or certificate, as the case may be.

46(3A)   Variation of joint venture project scheme.  

The DAA must not grant an application for variation of a joint venture project scheme unless the DAA is satisfied that the varied joint venture project scheme is the same, or substantially the same, as the joint venture project scheme specified in the original registration or certificate, as the case may be.

46(4)   Variation of company group project scheme.  

The DAA must not grant an application for variation of a company group project scheme unless the DAA is satisfied that the varied company group project scheme is the same, or substantially the same, as the company group project scheme specified in the original registration or certificate, as the case may be.

46(5)   Variation of an individual project scheme.  

The DAA must not grant an application for variation of an individual project scheme unless the DAA is satisfied that the varied individual project scheme is the same, or substantially the same, as the individual project scheme specified in the original registration or certificate, as the case may be.


 

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