44Applicant to be notified of decision on application

44  Applicant to be notified of decision on application

 (1) An airport environment officer must notify an applicant in writing of the airport environment officer’s decision on an application under section 41 as follows:

 (a) if the applicant has not been required to publish a notice under section 42 and further information has not been requested from the applicant under subsection 41(4)—within 90 days of receiving the application;

 (b) if the applicant has been required to publish a notice under section 42:

 (i) if the applicant has not received any comments about the application in response to an invitation under subparagraph 42(2)(a)(ii)—within 90 days after the end of the period specified under subparagraph 42(2)(a)(iii) for the giving of comments; or

 (ii) if the applicant has received comments about the application in response to an invitation under subparagraph 42(2)(a)(ii)—within 90 days after the applicant gives the comments to the airport environment officer in accordance with subsection 42(5);

 (c) if further information has been requested from the applicant under subsection 41(4)—within 90 days after the further information is received by the airport environment officer.

Note: A copy of the authorisation must be given to the airport‑lessee company for the airport concerned and the granting of the authorisation must be notified on the Department’s website, see section 48.

 (2) If the decision was to refuse to grant the authorisation, or to grant the authorisation subject to conditions, the notice under subsection (1) must set out the reasons for the decision.