35Determination of applications by Regulator

35 Determination of applications by Regulator

(1)  The Regulator may determine an application for a licence by granting a licence or by refusing the application.

(2)  Before making a determination on an application under subsection (1) , the Regulator must, within 10 business days after the receipt of the application, invite submissions on the application from –

(a) the Minister; and

(b) the Minister administering the Public Health Act 1997 ; and

(c) the Minister administering the Water Management Act 1999 ; and

(d) the Minister administering the Environmental Management and Pollution Control Act 1994 ; and

(e) such other persons as are prescribed by the regulations.

(3)  On receipt of an application for a licence, the Regulator is to publish, in daily newspapers published and circulating in Tasmania, a notice of the application that invites submissions on the application from the public.

(4)  A notice published under subsection (3) is to include information on how a submission can be made and the timeframes for providing a submission.

(5)  The Regulator must determine the application within 60 business days after receiving the application.

(6)  A licence may not be granted to a disqualified person.

(7)  A licence must not be granted unless the Regulator is satisfied as to each of the following:

(a) that the applicant has shown honesty and integrity in previous commercial and other dealings;

(b) that the applicant has, and will continue to have, the capacity (including technical, financial and organisational capacity) to carry out the activities that the licence (if granted) would authorise;

(c) that the applicant has the capacity to carry out those activities in a manner that appropriately manages the risk to public and environmental health;