11AOverlapping applications of unequal merit

11A Overlapping applications of unequal merit

(1) This section applies if: (a) applications for feasibility licences are made in response to an invitation made by the Minister under section 9; and (b) at least one application overlaps at least one other application made in response to that invitation. (2) If an application (the particular application) for a feasibility licence overlaps at least one other application, the Minister must not offer or grant the feasibility licence if: (a) the Minister exercises the Minister’s discretion under subsection 11(2) to determine an overlapping application group in response to the invitation, being an overlapping application group that does not include the particular application; and (b) the only reason the particular application is not included in the overlapping application group is because the Minister considers it to be of lower merit than the other applications in the overlapping application group. (3) If, after considering whether to determine that a group of applications (the initial group) that satisfies paragraphs 11(2)(b), (c) and (d) forms an overlapping application group, the Minister does not make the determination only because one application in the initial group is of higher merit than all of the others, the Minister must not offer or grant a feasibility licence in respect of any of the other applications in the initial group. (4) Nothing in this section prevents the Minister offering or granting a feasibility licence if the application for the feasibility licence is not included in an overlapping application group for a reason other than the reason mentioned in paragraph (2)(b) or subsection (3) of this section.

Note: Example 1: Applications A, B, C, D and E relate to a declared area. Application A overlaps application B and application B overlaps application C. The applications satisfy paragraphs 11(2)(b) to (d), but application C is of lower merit than applications A and B. The Minister determines an overlapping application group that includes applications A and B, but not application C. The Minister must not offer or grant a feasibility licence in respect of application C.

Note: Applications D and E overlap, but neither overlaps application A, B or C. Application E is of lower merit than application D. The Minister cannot determine an overlapping application group that includes applications D and E.

Note: Further, application D cannot be included in the overlapping application group that includes applications A and B, because there is no overlap between applications A, B and D (so paragraphs 11(2)(b) and (c) are not satisfied).

Note: This section does not prevent the Minister offering or granting a feasibility licence in respect of application D, because paragraph (2)(b) of this section is not satisfied in respect of application D.