NSWIn ForceRegulation
Marine Estate Management Regulation 2017
11Consent may be refused in certain other circumstances
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#### 11 Consent may be refused in certain other circumstances
11 Consent may be refused in certain other circumstances
> > (1) The relevant Ministers may refuse to give consent to the carrying out of any activity in a marine park or an aquatic reserve if:
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> > > (a) the application for consent was not made in the approved form, or
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> > > (b) the applicant has failed to respond to a request for further information made under clause 7 or has responded in a way that the relevant Ministers consider is unsatisfactory, or
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> > > (c) the applicant has been convicted of an offence under the Act or this Regulation, or under similar legislation of another jurisdiction, in the 12 months before the application was made, or
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> > > (d) the applicant has been issued with 2 or more penalty notices for offences under the Act or this Regulation in the 12 months before the application was made (and the penalty notices have not been withdrawn and the relevant charges have not been dismissed by a court), or
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> > > (e) the proposed activity is inconsistent with the assessment criteria (to the extent that those criteria are applicable to the application).
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> > (2) This clause does not limit the factors that the relevant Ministers may take into account when considering an application for consent under this Part.