Transport Infrastructure (Public Marine Facilities) Regulation 2023
sec.28Deciding applications
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sec.28 Deciding applications
The chief executive must consider an application for a boat harbour approval and decide— to grant the approval with or without conditions; or to refuse to grant the approval. The chief executive may grant the boat harbour approval only if— the chief executive is satisfied the applicant is a suitable person to hold the approval; and the chief executive is not restricted from granting the approval under section 26 . Without limiting subsection (2) (a) , in deciding whether the applicant is a suitable person to hold the boat harbour approval, the chief executive may have regard to whether the applicant has a conviction, other than a spent conviction, for— an indictable offence; or an offence against this regulation; or an offence against the domestic commercial vessel national law; or an offence against the Transport Infrastructure (Waterways Management) Regulation 2012 ; or an offence against the Transport Operations (Marine Pollution) Act 1995 ; or an offence against the Transport Operations (Marine Safety) Act 1994 . s 28 amd 2023 SL No. 110 s 116 (sec.28-ssec.1) The chief executive must consider an application for a boat harbour approval and decide— to grant the approval with or without conditions; or to refuse to grant the approval. (sec.28-ssec.2) The chief executive may grant the boat harbour approval only if— the chief executive is satisfied the applicant is a suitable person to hold the approval; and the chief executive is not restricted from granting the approval under section 26 . (sec.28-ssec.3) Without limiting subsection (2) (a) , in deciding whether the applicant is a suitable person to hold the boat harbour approval, the chief executive may have regard to whether the applicant has a conviction, other than a spent conviction, for— an indictable offence; or an offence against this regulation; or an offence against the domestic commercial vessel national law; or an offence against the Transport Infrastructure (Waterways Management) Regulation 2012 ; or an offence against the Transport Operations (Marine Pollution) Act 1995 ; or an offence against the Transport Operations (Marine Safety) Act 1994 .
- (a) to grant the approval with or without conditions; or
- (b) to refuse to grant the approval.
- (a) the chief executive is satisfied the applicant is a suitable person to hold the approval; and
- (b) the chief executive is not restricted from granting the approval under section 26 .
- (a) an indictable offence; or
- (b) an offence against this regulation; or
- (c) an offence against the domestic commercial vessel national law; or
- (d) an offence against the Transport Infrastructure (Waterways Management) Regulation 2012 ; or
- (e) an offence against the Transport Operations (Marine Pollution) Act 1995 ; or