Commonwealth Numbered Regulations

1983 No. 262 GREAT BARRIER REEF MARINE PARK REGULATIONS - REG 11

11. (1) Where a person has made an application for a relevant permission and
has complied with any requirement or request duly made by the Authority in
relation to the application, the Authority shall-

   (a)  grant such permission in writing subject to such conditions (if any)
        as are specified in the permission, being conditions necessary for the
        attainment of the object of the Act; or

   (b)  by notice in writing given to that person, refuse to grant such
        permission.

(2) Where a relevant permission has been granted subject to conditions, the
Authority may, with the consent in writing of the person to whom the
permission has been granted, vary such conditions so that the conditions, as
varied, are necessary for the attainment of the object of the Act.

(3) Where a person has applied to the Authority for a relevant permission and,
within the prescribed period, the Authority has failed to convey to the
applicant a decision in respect of the application, the application for the
relevant permission shall be taken to have been refused.
(4) In sub-regulation (3), "prescribed period" means-

   (a)  except where paragraph (b), (c) or (d) applies-the period of 70 days
        after the date of receipt of the application;

   (b)  where public notice of an application has been given in accordance
        with regulation 9 and paragraph (c) and (d) do not apply-the period of
        70 days after the date specified in such notice as the date by which
        comments in writing had to be lodged with the Authority;

   (c)  where the Authority under regulation 10, has made a request for
        further particulars on one or more occasions and a direction referred
        to in paragraph (d) has not been given within the period of 70 days
        after the day on which further particulars were last received-that
        period of 70 days; or

   (d)  where, within the period specified in paragraph (a) or (b), as the
        case may be, or, if further particulars have been requested by the
        Authority on one or more occasions, within the period referred to in
        paragraph (c), the Minister administering the
        Environment Protection (Impact of Proposals) Act  1974 , in accordance
        with procedures approved for the purposes of that Act, has directed
        the submission to him of an environmental impact statement in relation
        to the conduct in respect of which the application was made-

        (i)    the period of 70 days after the completion of all procedures
               under that Act in connection with the environmental impact
               statement; or

        (ii)   the period that would, in the particular case, be the
               prescribed period if that Minister had not given such a
               direction,
whichever period expires last.

(5) A relevant permission remains in force for such period as is specified in
the permission unless it is sooner surrendered or revoked.