New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 55

55 Grant or refusal of application

(1) The appropriate regulatory authority may--

(a) in relation to an application for the issue of a licence--

(i) grant the application by issuing the licence, or

(ii) refuse the application, and

(b) in relation to an application for the transfer of a licence--

(i) grant the application by transferring the licence, or

(ii) refuse the application.

(2) The appropriate regulatory authority must not refuse the application unless before doing so--

(a) it has given notice to the applicant that it intends to do so, and

(b) it has specified in that notice the reasons for its intention to do so, and

(c) it has given the applicant a reasonable opportunity to make submissions in relation to the matter, and

(d) it has taken into consideration any such submissions by the applicant.

(3) If the appropriate regulatory authority grants an application for the transfer of a licence, the licence is, subject to any variation of the conditions of the licence under section 58(4), transferred subject to the conditions to which the licence is subject at the time of the transfer.

Note--: Section 287 enables appeals to be made in connection with licence applications within a specified period after the person is given notice of the decision concerned. The section provides that the person may appeal if the licence application is not determined within 60 days, and for the purposes of the appeal the licence application is taken to have been refused.