48Grant or refusal of applications

48 Grant or refusal of applications

(1)  If the Secretary receives an application for a licence or permit under regulation 44 , the Secretary may –

(a) subject to this Division, grant the licence or permit, subject to the conditions, if any, imposed on the licence or permit under these regulations; or

(b) refuse to grant the licence or permit; or

(c) if the Secretary is satisfied that another licence or permit within these regulations is more appropriate in respect of the activity to which the application relates –

(i) refuse to grant the licence, or permit, specified in the application; and

(ii) subject to this Division, grant another licence or permit, subject to the conditions, if any, imposed on the licence or permit under these regulations.

(2)  Without limiting subregulation (1)(b) , the Secretary must refuse to grant a licence or permit if satisfied that –

(a) subject to subregulation (3) , within the period of 5 years immediately before the day on which the application was made –

(i) the applicant has been convicted of a relevant offence; or

(ii) a person to be listed on the licence or permit, if granted under the application, has been convicted of a relevant offence; or

(b) the applicant or a person to be listed on the licence or permit –

(i) previously held a licence or permit under the Act; and

(ii) was required to pay a royalty under the Act in relation to the licence or permit; and

(iii) has not, at the time of the application for a licence or permit, paid the royalty referred to in subparagraph (ii).

(3)  Subregulation (2)(a) does not apply in relation to an application if the Secretary is satisfied that there are exceptional circumstances in respect of the relevant offence.