Western Australian Current Acts Western Australian Current Acts (1) Where an
application has been made under section 30 for the renewal of a permit, the
Minister —
(a)
shall, if the conditions to which the permit is, or has from time to time
been, subject and the provisions of this Part and of the regulations have been
complied with; or
(b) may,
if —
(i)
any of the conditions to which the permit is, or has from
time to time been, subject or any of the provisions of this Part and of the
regulations has not been complied with; and
(ii)
the Minister is, nevertheless, satisfied that special
circumstances exist that justify the granting of the renewal of the permit,
by instrument in
writing served on the person who is then the permittee inform the person that
the Minister is prepared to grant to that person the renewal of the permit.
(2) If any of the
conditions to which the permit is, or has from time to time been, subject or
any of the provisions of this Part and of the regulations has not been
complied with, and if the Minister is not satisfied that special circumstances
exist that justify the granting of the renewal of the permit, the Minister
shall, subject to subsection (3), by instrument in writing served on the
person who is then the permittee, refuse to grant the renewal of the permit.
(3) The Minister shall
not refuse to grant the renewal of the permit unless —
(a) he
has, by instrument in writing served on the permittee, given not less than one
month’s notice of his intention to refuse to grant the renewal of the
permit; and
(b) he
has served a copy of the instrument on such other persons, if any, as he
thinks fit; and
(c) he
has, in the instrument —
(i)
given particulars of the reasons for the intention; and
(ii)
specified a date on or before which the permittee or a
person on whom a copy of the instrument is served may, by instrument in
writing served on the Minister, submit any matters that he wishes the Minister
to consider;
and
(d) he
has taken into account any matters so submitted to him on or before the
specified date by the permittee or by a person on whom a copy of the
first-mentioned instrument has been served.
(4) An instrument
referred to in subsection (1) shall contain —
(a) a
summary of the conditions to which the permit, on the grant of the renewal, is
to be subject; and
(b) a
statement to the effect that the application will lapse if the permittee does
not make a request under subsection (5).
(5) A permittee on
whom there has been served an instrument under subsection (1) may, within a
period of one month after the date of service of the instrument on him, by
instrument in writing served on the Minister, request the Minister to grant to
him the renewal of the permit.
(6) Where a permittee
on whom there has been served an instrument under subsection (1) has made a
request under subsection 5 within the period referred to in subsection (5),
the Minister shall grant to him the renewal of the permit.
(7) Where a permittee
on whom there has been served an instrument under subsection (1) has not made
a request under subsection (5) within the period referred to in subsection
(5), the application lapses upon the expiration of that period.
(8) Where —
(a) an
application for the renewal of a permit has been made; and
(b) the
permit expires —
(i)
before the Minister grants, or refuses to grant, the
renewal of the permit; or
(ii)
before the application lapses as provided by subsection
(7),
the permit shall be
deemed to continue in force in all respects —
(c)
until the Minister grants, or refuses to grant, the renewal of the permit; or
(d)
until the application so lapses,
whichever first
happens.
[Section 32 amended: No. 28 of 1994 s. 86.]