(1) After considering
any reasons advanced by a person to whom notice has been given under
section 8.40(1) and all the circumstances of the case, the authorised person
is to decide whether or not to proceed with the action.
(2) An authorised
person other than the Departmental CEO cannot decide to proceed with the
action without the express approval of the Departmental CEO.
(3) If the authorised
person decides to proceed with the action, he or she is to give written notice
of the decision to the local government concerned.
(4) If the authorised
person decides not to proceed with the action, he or she is to give written
notice of the decision to the local government concerned and to any person to
whom notice has been given under section 8.40(1).
[Section 8.41 amended: No. 28 of 2006 s. 364.]