136CDetermination of application

136C Determination of application

[Section 136C Inserted by No. 56 of 2008, s. 62, Applied:11 Feb 2009]

(1)  After considering an application for a well driller's licence, the Minister may –

(a) approve the application as submitted; or

(b) if the applicant agrees, approve the application as if it were for a licence of a class lower than that actually applied for; or

(c) refuse the application.

(2)  However, the Minister must not approve the application unless satisfied that –

(a) the applicant is qualified to physically undertake well works of the relevant class; and

(b) any endorsements sought by the applicant are appropriate for the class of licence and that the applicant is qualified to employ the drilling methods to which the endorsements relate; and

(c) the applicant has no convictions for offences of a serious kind against this Part or for offences against section 283 ; and

(d) the applicant has or satisfies any prescribed competencies; and

(e) if the applicant has held another well driller's licence, no more than the prescribed number of demerit points were allocated to it under Division 2 of Part 13 .

(3)  If subsection (1)(c) applies, the Minister is to notify the applicant as soon as practicable of –

(a) the refusal; and

(b) the reasons for the refusal; and

(c) any rights of review or appeal under Part 14 .