Commonwealth Numbered Regulations

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Grant or refusal of Hinchinbrook authorisation

             (1)  If a person has applied for a Hinchinbrook authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.

             (2)  The Authority must not grant a Hinchinbrook authorisation to do an activity except to a person who holds an existing permission that would, but for a section of the Hinchinbrook Plan of Management 2004 , authorise the holder to do the activity.

             (3)  Except in special circumstances, a Hinchinbrook authorisation may be granted only if the application is made before the end of 3 months after the eligibility process commencement day (within the meaning of that expression in the Hinchinbrook Plan of Management 2004 ).

             (4)  A Hinchinbrook authorisation may be granted subject to conditions, including:

                     (a)  a condition allowing the giving of authorities, and specifying how many persons may be given authorities; and

                     (b)  a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder's activities might incur; and

                     (c)  any other condition appropriate to achieving the objects of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).

             (5)  The Authority must give the person written notice of its decision, setting out:

                     (a)  if the decision was to grant a Hinchinbrook authorisation--the details of the existing permission to which it is attached; and

                     (b)  if the Hinchinbrook authorisation was granted subject to a condition--details of the condition and the Authority's reasons for imposing it; and

                     (c)  if the decision was to refuse to grant the Hinchinbrook authorisation sought--the reasons for the refusal.

             (6)  If the Authority's decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:

                     (a)  may ask the Authority to reconsider the decision; and

                     (b)  if the applicant is dissatisfied with the Authority's decision on reconsideration, may apply to the AAT for review of that decision.

Note:          See Part 15, and sections 64 and 64A of the Act, for reconsideration and review of decisions.

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