59Surrender or revocation of permissions on application

59 Surrender or revocation of permissions on application (1) The holder of a licence or permit may apply for consent to surrender the licence or permit. S. 59(3)(b) amended by No. 36/2022 s. 37(1). S. 59(4) amended by No. 36/2022 s. 37(2). (4) Subject to section 51B, the Authority or council must, within 20 business days after receiving an application under subsection (1)— (a) consent to the surrender of the licence or permit subject to any conditions that the Authority or council considers appropriate; or (b) refuse to consent to the surrender of the licence or permit. (5) The Authority or council may refuse to consent to the surrender of a licence or permit if the Authority or council considers that the holder of the licence or permit has, when engaging in the licence activity or permit activity— (a) contravened the general environmental duty or the duty imposed under section 39; or (b) failed to comply with a condition of the licence or permit. (6) The Authority or council must refuse to consent to the surrender of a licence or permit if the Authority or council considers that the holder of the licence or permit is continuing to engage in the licence activity or permit activity. (7) The Authority or council must, as soon as practicable after making a decision under subsection (4), give the holder of the licence or permit written notice stating— (b) in the case of a decision to consent to the surrender of the licence or permit— (i) the date on which the surrender takes effect; and (ii) that the surrender does not take effect unless the holder of the licence or permit complies with any conditions to which the surrender is subject by that date; and (c) in the case of a decision to refuse to consent to the surrender of the licence or permit— (ii) that the holder of the licence or permit may apply to VCAT for review of the decision. (8) The surrender of a licence or permit does not take effect unless the holder of the licence or permit has met any conditions imposed by the Authority or council on the surrender. (9) The Authority or council must revoke the following permissions if the holder of the permission requests in writing that it be revoked— (a) a registration; (b) a licence or permit that specifies an activity prescribed for the purposes of this section. S. 59(10) amended by No. 14/2025 s. 30. (10) The Authority or council must give the holder of the permission written notice of a revocation under subsection (9) that specifies the date on which the revocation takes effect. S. 60 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).