sec.39Failure to decide application for licence

### sec.39 Failure to decide application for licence Subject to subsections (2) and (3) , if the local government fails to decide the application within 40 days after its receipt, the failure is taken to be a decision by the local government to refuse to grant the application. Subsection (3) applies if— a person has made an application for a licence; and the local government has under section 37 (1) (b) , required the applicant to give the local government further information or a document. The local government is taken to have refused to grant the application if the local government does not decide the application within 40 days after the local government receives the further information or document. If the application is refused under this section, the applicant is entitled to be given an information notice by the local government for the decision. (sec.39-ssec.1) Subject to subsections (2) and (3) , if the local government fails to decide the application within 40 days after its receipt, the failure is taken to be a decision by the local government to refuse to grant the application. (sec.39-ssec.2) Subsection (3) applies if— a person has made an application for a licence; and the local government has under section 37 (1) (b) , required the applicant to give the local government further information or a document. (sec.39-ssec.3) The local government is taken to have refused to grant the application if the local government does not decide the application within 40 days after the local government receives the further information or document. (sec.39-ssec.4) If the application is refused under this section, the applicant is entitled to be given an information notice by the local government for the decision. - (a) a person has made an application for a licence; and - (b) the local government has under section 37 (1) (b) , required the applicant to give the local government further information or a document.