Determination of applications
I1I2F112Determination of applications for operators' licences
1
On an application for a standard licence the Department must consider—
a
whether the requirements of sections 12A and 12C are satisfied; and
b
if the Department thinks fit, whether the requirement of section 12D is satisfied.
2
On an application for a restricted licence the Department must consider—
a
whether the requirements of sections 12B and 12C are satisfied; and
b
if the Department thinks fit, whether the requirement of section 12D is satisfied.
3
Subsections (1) and (2) are subject to F2section 10 (publication of application), if applicable, and 47(2) (payment of application fee).
4
In considering whether any of the requirements of sections 12A to 12D are satisfied, the Department must have regard to any objection duly made under section 11(1)(a) in respect of the application.
5
If the Department determines that any of the requirements that it has taken into consideration in accordance with subsection (1) or (2) are not satisfied, it must refuse the application.
6
In any other case the Department must grant the application, unless either of the following provisions applies—
a
section 13(2) (power to refuse application on environmental grounds);
b
section 47(2) (power to refuse to proceed until fee is paid).