Document ID: chunk:federal_register_of_legislation:C2024C00535:section:17
Version: federal_register_of_legislation:C2024C00535
Segment Type: section
Provision Reference: s 17
Character Range: 63522–65330

17  Deemed refusal of licence
 (1) If, at the end of 60 days after an application for a licence is made, the Minister has not:
 (a) granted a licence; or
 (b) refused the application; or
 (c) made a request under section 15;
the Minister is taken, subject to subsection (4), to have refused the application on the last of the 60 days.
 (2) If:
 (a) the Minister gives an applicant notice under section 15 requiring the applicant to give the Minister further information relating to the application; and
 (b) at the end of 60 days after the information is given to the Minister, the Minister has not:
 (i) granted a licence; or
 (ii) refused the application; or
 (iii) made a further request under section 15;
the Minister is taken, subject to subsection (4), to have refused the application on the last of those 60 days.
 (3) If:
 (a) Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of a licence; and
 (b) the Minister has not granted the licence at the end of 30 days after he or she received advice under that Subdivision on the proposed grant;
he or she is taken to have refused the application for the licence on the last of those days.
Note: Under Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, persons considering whether to authorise certain actions must get advice on environmental matters from the Minister administering that Subdivision.
 (4) Subsections (1) and (2) do not apply in relation to an application for a licence if Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of the licence.

Division 4—Conditions on, and duration of, licence