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 grant or refuse an application for the issue or transfer of a licence. An application is granted by the issue or transfer of the licence concerned.

(2) The appropriate regulatory authority must not refuse such an 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.

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.