42TRenewal of licences on application

42T Renewal of licences on application

(1)  If the Director receives under section 42S(1) a valid application for the renewal of an environmental licence, the Director must –

(a) renew the environmental licence; or

(b) refuse to renew the environmental licence.

(2)  Subject to this section, the Director may renew under subsection (1) an environmental licence if the Director is satisfied that it is appropriate to do so.

(3)  The Director must refuse to renew an environmental licence under subsection (1) if, immediately before the licence is renewed, the licence contained a condition that the licence may not be renewed.

(4)  The Director may refuse to renew an environmental licence under subsection (1) if he or she is satisfied that the applicant for renewal of the licence –

(a) has contravened the conditions and restrictions of the licence in the 5-year period immediately before the application for renewal of the licence is made; or

(b) has, within the 5-year period before the day on which the licence is renewed, been convicted of an offence against –

(i) this Act; or

(ii) any other Act; or

(iii) a law of another State, a Territory, or the Commonwealth, that relates to the protection of the environment –

which the Director considers to be an offence relevant to the holding of the licence; or

(c) is not a fit and proper person to hold an environmental licence; or

(d) has not paid any fees that are due and payable under this Act, in relation to the licence, by the person.

(5)  Subsection (4) does not limit the circumstances in which the Director may refuse to vary an environmental licence.

(6)  If, immediately before an environmental licence is renewed under subsection (1) , the licence contained a condition limiting the ability of the Director to renew the licence, the Director may only renew the licence under in accordance with the condition.