sec.40Existing permission taken to be in force while new application is considered

### sec.40 Existing permission taken to be in force while new application is considered This section applies if— the holder of a permission makes an application for a new permission of the same type; and the new permission is intended to commence immediately after the expiry of the existing permission. The existing permission is taken to continue in force from the day it would otherwise have expired (the original expiration day ) until the day on which the earliest of the following happens— the chief executive grants the new permission; the chief executive decides to refuse the application and gives the applicant an information notice about the decision; the applicant is taken to have withdrawn the application under section 12 . If the chief executive grants the new permission— the existing permission is taken to have expired on the original expiration day; and the new permission is taken to have commenced immediately after the existing permission’s original expiration day; and for the period during which the existing permission is taken to have continued in force under subsection (2) , the new permission is taken to be subject to the same conditions and authorise the same activities as the existing permission. Subsection (2) does not stop the existing permission from being suspended or cancelled under this regulation. (sec.40-ssec.1) This section applies if— the holder of a permission makes an application for a new permission of the same type; and the new permission is intended to commence immediately after the expiry of the existing permission. (sec.40-ssec.2) The existing permission is taken to continue in force from the day it would otherwise have expired (the original expiration day ) until the day on which the earliest of the following happens— the chief executive grants the new permission; the chief executive decides to refuse the application and gives the applicant an information notice about the decision; the applicant is taken to have withdrawn the application under section 12 . (sec.40-ssec.3) If the chief executive grants the new permission— the existing permission is taken to have expired on the original expiration day; and the new permission is taken to have commenced immediately after the existing permission’s original expiration day; and for the period during which the existing permission is taken to have continued in force under subsection (2) , the new permission is taken to be subject to the same conditions and authorise the same activities as the existing permission. (sec.40-ssec.4) Subsection (2) does not stop the existing permission from being suspended or cancelled under this regulation. - (a) the holder of a permission makes an application for a new permission of the same type; and - (b) the new permission is intended to commence immediately after the expiry of the existing permission. - (a) the chief executive grants the new permission; - (b) the chief executive decides to refuse the application and gives the applicant an information notice about the decision; - (c) the applicant is taken to have withdrawn the application under section 12 . - (a) the existing permission is taken to have expired on the original expiration day; and - (b) the new permission is taken to have commenced immediately after the existing permission’s original expiration day; and - (c) for the period during which the existing permission is taken to have continued in force under subsection (2) , the new permission is taken to be subject to the same conditions and authorise the same activities as the existing permission.