Australian Capital Territory National Land (Unleased) Ordinance 2022
50Decision on application for permit
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50 Decision on application for permit
(1) This section applies if the Minister receives an application under section 47 for a permit to use public National Land for a regulated activity for a particular period. Minister to consider application for permit (2) The Minister must consider the application for a permit and must: (a) if the Minister is satisfied that the proposed use of the land is suitable—grant the permit to the applicant: (i) for the period sought by the applicant; or (ii) for another period; or (b) otherwise—refuse to grant the permit to the applicant. (3) In considering an application, the Minister must have regard to: (a) all information provided in relation to the application; and (b) any other matter the Minister considers relevant. Time frame for Minister to make decision (4) The Minister must make a decision in relation to the application: (a) within 20 business days after receiving the application; or (b) if the Minister has required the applicant to provide further information about the proposed use of the land—within 20 business days after such further information is provided. (5) If the Minister does not make a decision in relation to the application within the relevant 20 business day period, the Minister is taken to have refused to grant the permit at the end of that period. Minister to give applicant notice of decision (6) The Minister must give the applicant written notice of the Minister’s decision. If the Minister refuses to grant the permit, the notice must also include reasons for the refusal. (7) Subsection (6) does not apply to a decision to refuse to grant a permit that is taken to be made under subsection (5). Minister may impose conditions on permit (8) The Minister may grant the permit subject to any condition the Minister reasonably believes is necessary, having regard to the proposed use of the land, including (without limitation) conditions to: (a) minimise or manage any risks of damage or injury to the public from the conduct of the regulated activity; or (b) protect the public National Land or any other property; or (c) ensure the applicant is able to satisfy any obligations under the permit and under this Ordinance.