74Operating licences

74 Operating licences (1) Subject to subsection (2), the Authority must, after receiving an application for an operating licence that complies with section 50— (a) issue an operating licence subject to any specified conditions that the Authority considers appropriate; or (b) refuse to issue an operating licence. (2) The Authority must issue or refuse to issue an operating licence under subsection (1) within— (a) 15 business days after receiving the application if— (i) the applicant holds a development licence in respect of the activity that is the subject of the application; and (ii) the Authority has provided to the applicant a statement under section 73 that the Authority considers the applicant to have completed the activity to the Authority's satisfaction; or (b) in any other case, 42 business days after receiving the application. (3) When determining whether or not to issue an operating licence, the Authority must take into account— (a) any measures the applicant has taken or proposes to take in order to comply with the general environmental duty when engaging in the activity that is the subject of the application; and (b) the impact of the activity on human health and the environment, including the impact on any environmental values identified in any relevant environment reference standard, taking into account any other activities being or proposed to be carried out by the applicant or any other person; and (4) The Authority must refuse to issue an operating licence if— (a) the Authority considers that the activity that is the subject of the application poses an unacceptable risk of harm to human health or the environment; or (b) the Authority determines that the person is not a fit and proper person to hold an operating licence; or (c) the Authority considers the activity that is the subject of the application to be a prescribed development activity and the applicant does not hold a development licence in respect of the activity; or (d) any prescribed circumstances exist. (5) Nothing in this Chapter prevents— (a) the person who has applied for an operating licence in respect of an activity applying for a development licence in respect of the same activity; or (b) the Authority determining that application for a development licence in accordance with Division 1. S. 75 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).