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MARINE AND COASTAL ACT 2018 (NO. 26 OF 2018) - SECT 70 Determination of applications for consents

MARINE AND COASTAL ACT 2018 (NO. 26 OF 2018) - SECT 70

Determination of applications for consents

    (1)     After considering an application for a consent to use or develop, or undertake works on, marine and coastal Crown land, the Minister must make a determination to—

        (a)     consent to the use, development or works; or

        (b)     refuse to consent to the use, development or works; or

        (c)     consent to some but not all of the use, development or works; or

        (d)     consent to the use, development or works, subject to conditions.

    (2)     A consent may apply, adopt or incorporate any matter contained in any document whether—

        (a)     wholly or partially or as amended by the consent; or

        (b)     as in force at a particular time or as amended from time to time.

    (3)     Subject to this section, the Minister must inform the applicant in writing of the determination on or before 60 business days after receiving the application.

    (4)     The Minister, within the period referred to in subsection (3), may request any additional information that the Minister considers necessary to assist the determination of the application.

    (5)     A request under subsection (4) must be made in writing and include—

        (a)     the information to be provided; and

        (b)     the date by which the information must be provided, being not less than 30 business days after the request.

    (6)     If additional information is requested, the Minister must determine the application within 30 business days after receiving that additional information.

    (7)     An application for a consent to use or develop, or undertake works on, marine and coastal Crown land is taken to be refused if—

        (a)     the Minister fails to make a determination within the time required under this section; or

        (b)     the applicant fails to provide the additional information requested by the Minister by the specified date.