New South Wales Consolidated Regulations

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Decision on application

580 Decision on application

(1) Subject to this clause, the regulator must grant a major hazard facility licence if satisfied about the matters referred to in subclause (2).
(2) The regulator must be satisfied about the following--
(a) the application has been made in accordance with this Regulation,
(b) the safety case for the facility has been prepared in accordance with Division 4 of Part 9.3,
(c) the operator is able to operate the major hazard facility safely and competently,
(d) the operator is able to comply with any conditions that will apply to the licence.
(3) The regulator may refuse to grant a major hazard facility licence if it becomes aware of circumstances that satisfy it that the following persons are not suitable persons to exercise management or control over the major hazard facility--
(a) if the operator is an individual--the operator,
(b) if the operator is a body corporate--any officer of the body corporate.
(4) The regulator must refuse to grant a major hazard facility licence if satisfied that the operator, in making the application, has--
(a) given information that is false or misleading in a material particular, or
(b) failed to give any material information that should have been given.
(5) If the regulator decides to grant the licence, it must notify the operator within 14 days after making the decision.
(6) If the regulator does not make a decision within 6 months after receiving the application or the additional information requested under clause 579, the regulator is taken to have refused to grant the licence applied for.
Note : A refusal to grant a major hazard facility licence (including under subclause (6)) is a reviewable decision (see clause 676).

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