sec.22Granting or refusing application

sec.22 Granting or refusing application

The administering agency for regulated waters must consider an application for an approval and either— grant the application, with or without conditions; or refuse to grant the application. In deciding the application the administering agency must consider— whether the proposed location is appropriate for the activity; and for a take off and landing approval—the applicant’s proposed safety procedures; and existing use of the regulated waters in the location and residential, recreational and commercial areas adjacent to the location; and the interests of other users of the waters; and noise, amenity and characteristics of the waters; and the applicant’s ability to comply with the requirements of the applicant under a relevant law; and for a living on board approval or watercraft works approval—the proximity or availability of more appropriate commercial facilities to moor or store the watercraft or undertake watercraft maintenance; and whether the applicant has paid the application fee. If the administering agency decides to grant the application on conditions, the administering agency must give the applicant written notice of the conditions and the reasons for the conditions. If the administering agency decides to refuse to grant the application, the administering agency must give the applicant written notice of the refusal and the reasons for the refusal. If the approval is subject to conditions, the approval holder must comply with the conditions, unless the holder has a reasonable excuse. Maximum penalty—40 penalty units. A notice under subsection (3) or (4) must also state the prescribed review information for the decision. An approval is for the period stated in the approval. The approval must be kept on the aircraft, or watercraft, to which the approval relates. In this section— relevant law means— the domestic commercial vessel national law; and the Transport Operations (Marine Pollution) Act 1995 ; and the Transport Operations (Marine Safety) Act 1994 . s 22 amd 2016 SL No. 154 s 253 sch 10 (sec.22-ssec.1) The administering agency for regulated waters must consider an application for an approval and either— grant the application, with or without conditions; or refuse to grant the application. (sec.22-ssec.2) In deciding the application the administering agency must consider— whether the proposed location is appropriate for the activity; and for a take off and landing approval—the applicant’s proposed safety procedures; and existing use of the regulated waters in the location and residential, recreational and commercial areas adjacent to the location; and the interests of other users of the waters; and noise, amenity and characteristics of the waters; and the applicant’s ability to comply with the requirements of the applicant under a relevant law; and for a living on board approval or watercraft works approval—the proximity or availability of more appropriate commercial facilities to moor or store the watercraft or undertake watercraft maintenance; and whether the applicant has paid the application fee. (sec.22-ssec.3) If the administering agency decides to grant the application on conditions, the administering agency must give the applicant written notice of the conditions and the reasons for the conditions. (sec.22-ssec.4) If the administering agency decides to refuse to grant the application, the administering agency must give the applicant written notice of the refusal and the reasons for the refusal. (sec.22-ssec.5) If the approval is subject to conditions, the approval holder must comply with the conditions, unless the holder has a reasonable excuse. Maximum penalty—40 penalty units. (sec.22-ssec.6) A notice under subsection (3) or (4) must also state the prescribed review information for the decision. (sec.22-ssec.7) An approval is for the period stated in the approval. (sec.22-ssec.8) The approval must be kept on the aircraft, or watercraft, to which the approval relates. (sec.22-ssec.9) In this section— relevant law means— the domestic commercial vessel national law; and the Transport Operations (Marine Pollution) Act 1995 ; and the Transport Operations (Marine Safety) Act 1994 .