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Mineral and Energy Resources (Common Provisions) Act 2014
sec.189Invalid applications
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### sec.189 Invalid applications
An application has no effect if—
it does not comply with section 188 ; or
it is of a type prescribed by regulation as an application that can not be made.
An application that has no effect is an invalid application unless the deciding authority allows the application to proceed under section 190 .
The deciding authority must ensure each of following happens in relation to an invalid application—
the application is returned to the entity that lodged it together with a written notice about why the application is being returned;
any fee accompanying the application is refunded to the person who paid the fee.
A person responsible for accepting applications for lodgement may refuse to accept an application if it is incomplete or is not accompanied by the fees, information or other things as mentioned in section 188 (1) (c) .
(sec.189-ssec.1) An application has no effect if— it does not comply with section 188 ; or it is of a type prescribed by regulation as an application that can not be made.
(sec.189-ssec.2) An application that has no effect is an invalid application unless the deciding authority allows the application to proceed under section 190 .
(sec.189-ssec.3) The deciding authority must ensure each of following happens in relation to an invalid application— the application is returned to the entity that lodged it together with a written notice about why the application is being returned; any fee accompanying the application is refunded to the person who paid the fee.
(sec.189-ssec.4) A person responsible for accepting applications for lodgement may refuse to accept an application if it is incomplete or is not accompanied by the fees, information or other things as mentioned in section 188 (1) (c) .
- (a) it does not comply with section 188 ; or
- (b) it is of a type prescribed by regulation as an application that can not be made.
- (a) the application is returned to the entity that lodged it together with a written notice about why the application is being returned;
- (b) any fee accompanying the application is refunded to the person who paid the fee.