QLDIn ForceAct
Recreation Areas Management Act 2006
sec.52Deciding application for commercial activity permit
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### sec.52 Deciding application for commercial activity permit
The chief executive must consider the application and decide—
to grant the application, with or without conditions decided by the chief executive, including, for example—
limiting the activities that may be carried out under the permit; or
allowing activities that may be carried out under the permit to be monitored; or
to grant the application for a shorter period than applied for; or
to refuse the application.
Subsection (3) applies if the application is for a new commercial activity permit to commence immediately after an existing commercial activity permit expires.
Without limiting subsection (1) , when deciding the application, the chief executive may refuse to grant the application if the chief executive reasonably believes—
the existing permit was obtained on the basis of incorrect or misleading information; or
the holder of the existing permit has contravened a condition of the permit.
The chief executive must make the decision—
if the chief executive asks for further information about the application under section 56 —within 40 business days after receiving the information requested; or
otherwise—within 40 business days after receiving the application.
However, if the application is for a commercial activity permit that is to form part of a joint permission—
subsection (4) does not apply for deciding the application; and
the chief executive must decide the application within a reasonable period.
If the chief executive decides to grant the application the chief executive must, as soon as practicable after making the decision, issue a permit to the applicant.
If the chief executive decides to grant the application with conditions, or to refuse the application, the chief executive must as soon as practicable after making the decision give the applicant an information notice about the decision.
s 52 amd 2014 No. 63 s 14
(sec.52-ssec.1) The chief executive must consider the application and decide— to grant the application, with or without conditions decided by the chief executive, including, for example— limiting the activities that may be carried out under the permit; or allowing activities that may be carried out under the permit to be monitored; or to grant the application for a shorter period than applied for; or to refuse the application.
(sec.52-ssec.2) Subsection (3) applies if the application is for a new commercial activity permit to commence immediately after an existing commercial activity permit expires.
(sec.52-ssec.3) Without limiting subsection (1) , when deciding the application, the chief executive may refuse to grant the application if the chief executive reasonably believes— the existing permit was obtained on the basis of incorrect or misleading information; or the holder of the existing permit has contravened a condition of the permit.
(sec.52-ssec.4) The chief executive must make the decision— if the chief executive asks for further information about the application under section 56 —within 40 business days after receiving the information requested; or otherwise—within 40 business days after receiving the application.
(sec.52-ssec.5) However, if the application is for a commercial activity permit that is to form part of a joint permission— subsection (4) does not apply for deciding the application; and the chief executive must decide the application within a reasonable period.
(sec.52-ssec.6) If the chief executive decides to grant the application the chief executive must, as soon as practicable after making the decision, issue a permit to the applicant.
(sec.52-ssec.7) If the chief executive decides to grant the application with conditions, or to refuse the application, the chief executive must as soon as practicable after making the decision give the applicant an information notice about the decision.
- (a) to grant the application, with or without conditions decided by the chief executive, including, for example— (i) limiting the activities that may be carried out under the permit; or (ii) allowing activities that may be carried out under the permit to be monitored; or
- (i) limiting the activities that may be carried out under the permit; or
- (ii) allowing activities that may be carried out under the permit to be monitored; or
- (b) to grant the application for a shorter period than applied for; or
- (c) to refuse the application.
- (i) limiting the activities that may be carried out under the permit; or
- (ii) allowing activities that may be carried out under the permit to be monitored; or
- (a) the existing permit was obtained on the basis of incorrect or misleading information; or
- (b) the holder of the existing permit has contravened a condition of the permit.
- (a) if the chief executive asks for further information about the application under section 56 —within 40 business days after receiving the information requested; or
- (b) otherwise—within 40 business days after receiving the application.
- (a) subsection (4) does not apply for deciding the application; and
- (b) the chief executive must decide the application within a reasonable period.