Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person may make an application to the Minister for the grant of a permit required for the purposes of this Act.
(2) An application for a permit shall be made in accordance with the appropriate form approved by the Minister from time to time.
(3) Where an application is made for the grant of a permit and the Minister requires further information for the purpose of enabling him or her to deal with the application, he or she may, by notice in writing served on the applicant not later than 60 days after the application is made, require the applicant to furnish to the Minister, as specified in the notice, a statement in writing setting out that further information and, if a notice is so served, the application shall be deemed, for the purposes of section 19, not to have been duly made until the statement is furnished.
(4) Where, in his or her preliminary consideration of an application for a permit for dumping or artificial reef placement, the Minister forms the view that, in order to enable him or her to decide whether a permit should be granted or not, or to formulate conditions that should be imposed in respect of a permit if a permit is granted, it will be necessary for research or analysis to be undertaken to determine the effect that the proposed dumping or artificial reef placement may have on the marine environment, the Minister, before giving further consideration to the application, may require the applicant to enter into an agreement with the Commonwealth that includes provisions of any, or all, of the following kinds:
(a) a provision that the applicant will, at his or her own expense, undertake such research or analysis as is specified in the agreement, being research or analysis relating to the effect that the proposed dumping or artificial reef placement might have on the marine environment;
(b) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in undertaking research or analysis of a kind referred to in paragraph (a);
(c) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in supervising any research or analysis undertaken by the applicant in accordance with the agreement;
(d) a provision that, if the applicant fails, or neglects, to carry out any research or analysis as required by the agreement:
(i) the Commonwealth may undertake the necessary research or analysis, as the case may be; and
(ii) in that event, the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of the expense incurred by the Commonwealth in connection with such undertaking;
(e) a provision that the applicant is to give a security to the Commonwealth for the payment of any amount that he or she may become liable to pay to the Commonwealth under the agreement;
(f) a provision that the applicant will report to the Minister the results of any research or analysis undertaken by him or her in accordance with the agreement.
(5) Where an applicant is required under subsection (4) to enter into an agreement with the Commonwealth providing for the undertaking of research or analysis as specified in the agreement, his or her application shall be deemed, for the purposes of section 19, not to have been duly made until the research or analysis, as the case may be, has been completed to the satisfaction of the Minister.