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Advent takes out insurance with new NOPTA application

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    The news of a second NOPTA application and the follow up announcement has created quite a bit of confusion. Having read through all the detail, and given it some thought, my views are that this second application is basically an insurance policy against the first application being further delayed or, in a worse case scenario, rejected. The decision to lodge the second application was, IMO, very prudent of Management.

    Here is why...

    The first application, for "variation and extension", was lodged in Jan 2020 and NOPTA handed down their recommendation in Sep 2020. Nobody expected to still be waiting in Feb 2021. John Barilaro has delayed this application to the point that the permit is now nearing expiry. Management has identified the risk of the permit passing expiry and the potential impact of a negative JA outcome. In short, if the JA rejects post 12/2/21, the permit is in breach of Y4 conditions, and at risk of cancellation by NOPTA.

    So, a second application has now been submitted prior to expiry, but it is an "extension only" (not a variation) under COVID provisions. It is a much less complex application than the first. Accordingly, if it is approved, the clock resets on Year 4 of the permit. With funding secured, works could continue. Both applications have the same effect on re-setting the clock so it doesn't matter which application comes through first, as long as it is approved.

    My assessment of the second application is that is a Plan B just in case Plan A hits an immovable object. As others have alluded to, the permit does not, and will not expire, while these two applications are under consideration by NOPTA.

    Both applications remain subject to approval, so neither are cast iron guaranteed, but we now two live chances.

    JMO. DYOR
 
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