Document ID: chunk:federal_register_of_legislation:F2016L00619:reg:75
Version: federal_register_of_legislation:F2016L00619
Segment Type: reg
Provision Reference: reg 75
Character Range: 71408–73542

75  Issue of permit
 (1) The Council may issue a permit only if:
 (a) for a permit to which paragraph 73(a) applies—there are reasonable grounds for believing that the action will not, or is not likely to, adversely affect the conservation status of a protected species or a population of a protected species; and
 (b) for a permit to which paragraph 73(b) or (c) applies—the circumstances mentioned in section 77 apply; and
 (c) for a permit to which paragraph 73(d) applies—the Council is satisfied that the relevant requirements set out in the Parts to which the permit applies will be met; and
 (d) the applicant has not been convicted of, nor is subject to proceedings for, an offence under a law mentioned in section 78; and
 (e) for a permit that applies in a jointly managed reserve:
 (i) consultation with the Board for the reserve and the Council is required under any agreement between the Council and the Board and has been carried out in accordance with the agreement; or
 (ii) there is no such agreement but the activity is consistent with the Council's obligations under the lease for the Aboriginal Land.
Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
 (2) For the purposes of paragraph (1)(d), the applicant is taken to have been convicted of an offence if, within 5 years before the application is made:
 (a) the applicant has been convicted, whether summarily or on indictment, of the offence;
 (b) the applicant has been charged with, and found guilty of, the offence but discharged without conviction; or
 (c) the applicant has not been found guilty of the offence, but a court has taken it into account in passing sentence on the person for another offence.
Note: See section 85ZV of the Crimes Act 1914.
 (3) The Council must:
 (a) give each permit a reference number by which it can be identified; and
 (b) tell the applicant the reference number; and
 (c) give the applicant written notice if the Council refuses to issue a permit.