Commonwealth Consolidated Acts

SEA INSTALLATIONS ACT 1987 - SECT 41

             (1)  A person may make an application, in writing in the appropriate approved form, to the Minister for an exemption certificate.

             (2)  An application for an exemption certificate in relation to a sea installation shall set out such particulars as are required by the form.

             (3)  An application for an exemption certificate in relation to a sea installation shall be accompanied by evidence of the fact that the applicant will be the owner or operator of the installation on its installation.

             (4)  Where an application is made and the Minister requires further information for the purpose of dealing with it, the Minister may, by notice in writing served on the applicant, require the applicant to give to the Minister a statement in writing setting out that information and, if a notice is so served, the Minister is not required to deal with the application until the statement is given.

             (5)  The Minister shall deal with an application within 28 days after:

                     (a)  if no requirement has been made to the applicant under subsection (4)--receiving the application; or

                     (b)  if any such requirement has been made to the applicant--receiving a statement or statements in writing containing all the further information required to be given.

          (5A)  However, if Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of the exemption certificate, the Minister must grant or refuse to grant the certificate within 28 days after the day on which the Minister receives advice given under that Subdivision on the proposed grant of the certificate.

Note:          Under Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 , persons considering whether to authorise certain actions must get advice on environmental matters from the Minister administering that Subdivision.

             (6)  Where, in relation to an application, the Minister refuses to give an exemption certificate, the Minister shall give the applicant notice of the refusal setting out the reasons for it.