83Grant or refusal of authorisation

#### 83 Grant or refusal of authorisation (1) If a person has applied for an authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation. (2) The Authority must not grant an authorisation to do something except to a person who holds an existing permission that would, but for a section of the Plan of Management, authorise the holder to do the thing. (3) Except in special circumstances, an authorisation must not be granted if the application is made 3 months or less after the eligibility process commencement day (within the meaning of that expression in the Plan of Management). (4) An authorisation may be granted subject to conditions, including: (a) a condition allowing the giving of authorities, and specifying how many persons may be given authorities; and (b) a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and (c) any other condition appropriate to the attainment of the object of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority). (5) The Authority must give the person written notice of its decision, setting out: (a) if the decision was to grant an authorisation—the details of the existing permission to which it is attached; and (b) if the authorisation was granted subject to a condition—details of the condition and the Authority’s reasons for imposing it; and (c) if the decision was to refuse to grant the authorisation sought—the reasons for the refusal. (6) If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant: (a) may ask the Authority to reconsider the decision; and (b) if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the AAT for review of that decision. > Note: See Pt 13 of these Regulations concerning reconsideration and review of decisions.