VICIn ForceAct
Environment Protection Act 2017
90Applications by prohibited persons to engage in prescribed activity
Start here
Get a plain-English read of 90
Turn the raw legal text into a practical explanation grounded in Environment Protection Act 2017.
90 Applications by prohibited persons to engage in prescribed activity
(1) Subject to subsection (4), a prohibited person may apply to the Authority for authorisation—
(a) to engage in an activity prescribed for the purposes of section 88; or
(b) to be an officer of a body corporate that engages in an activity prescribed for the purposes of section 88.
(2) An application under this section must—
(a) be in the form approved by the Authority; and
(b) contain the information required by the Authority; and
(c) be accompanied by the documents required by the Authority; and
S. 90(2)(d) amended by No. 36/2022 s. 43(1).
(d) be accompanied by the prescribed fee (if any) for the application.
Note to s. 90(2)(d) inserted by No. 36/2022 s. 43(2).
An additional fee may be payable under section 90A.
(3) The Authority must, not later than 25 business days after receiving an application under this section—
(a) accept the application; or
(b) refuse the application.
(4) The Authority may accept an application—
(a) if the Authority is satisfied that it is not contrary to the public interest to do so; and
(b) subject to any conditions the Authority considers appropriate to protect the public interest.
S. 90(5) inserted by No. 36/2022 s. 43(3).
(5) The Authority may require an applicant to provide the Authority with any information relating to the application that the Authority considers necessary.
S. 90(6) inserted by No. 36/2022 s. 43(3).
(6) The time in which the Authority must deal with the application under this section does not include—
(a) if the Authority requires information under subsection (5), the period from the date that the Authority makes the request until the date on which the Authority receives the information; or
(b) any period that the Authority and the applicant agree is not to be included in that time.
S. 90A inserted by No. 36/2022 s. 44.