Document ID: chunk:federal_register_of_legislation:F2022L00472:reg:52
Version: federal_register_of_legislation:F2022L00472
Segment Type: reg
Provision Reference: reg 52
Character Range: 49223–51702

52  Application for renewal of permit
 (1) A permit holder may apply to the Minister to renew (or further renew) the permit for a period not exceeding 5 years.
 (2) The application must be in writing and be given to the Minister:
 (a) at least 60 days, but not more than 90 days, before the permit expires; or
 (b) within a different period allowed by the Minister.
 (3) The application must be accompanied by the prescribed fee (if any).

Continuation of existing permit
 (4) If a permit holder applies to renew a permit under this section, the permit remains in force until the application is decided (unless the application is withdrawn, or the permit is surrendered or cancelled before the application for renewal is decided).

Minister to consider application for renewal of permit
 (5) The Minister must consider the application for renewal and must:
 (a) if the Minister is satisfied that the use of the land remains suitable—renew the permit:
 (i) for the period sought by the applicant; or
 (ii) for another period; or
 (b) otherwise—refuse to renew the permit.
 (6) In considering an application for renewal, the Minister must have regard to:
 (a) the applicant's use of the public National Land; and
 (b) any other matter the Minister considers relevant.

Time frame for Minister to make decision
 (7) The Minister must make a decision in relation to the application for renewal:
 (a) within 20 business days after receiving the application; or
 (b) if the Minister has required the applicant to provide further information about the renewal of the permit—within 20 business days after such further information is provided.
 (8) If the Minister does not make a decision in relation to the application within the relevant 20 business day period, the Minister is taken to have refused to renew the permit at the end of that period.

Minister to give applicant notice of decision
 (9) The Minister must give the applicant written notice of the Minister's decision. If the Minister refuses to renew the permit, the notice must also include reasons for the refusal.
 (10) Subsection (9) does not apply to a decision to refuse to renew a permit that is taken to be made under subsection (8).

Minister may impose conditions on renewed permit
 (11) The Minister may renew the permit subject to any additional or amended conditions the Minister reasonably believes are appropriate.
 (12) A renewed permit comes into force immediately after the expiry of the existing permit.