Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If an infrastructure licensee applies under section 204 for a variation of the licence, the Joint Authority may, by written notice given to the licensee:
(a) vary the licence to such extent as the Joint Authority thinks necessary; or
(b) refuse to vary the licence.
Note: For consultation procedures, see sections 206 and 207.
(1A) In deciding whether to vary the licence, the Joint Authority:
(a) must have regard to the matters specified in subsection (1B); and
(b) may have regard to any other matters the Joint Authority considers relevant.
(1B) The matters are as follows:
(a) whether the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the licence as varied; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;
(b) any other matters prescribed by the regulations.
When variation takes effect
(2) A variation of an infrastructure licence under this section takes effect on the day on which notice of the variation is published in the Gazette .
Note: For publication in the Gazette of notice of the variation, see section 708.
Time limit for making decision
(3) The Joint Authority must make a decision under subsection (1) within the period that:
(a) begins when the application was made; and
(b) runs for:
(i) if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph--that number of days; or
(ii) if no such agreement is in force--the prescribed number of days.
(4) If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (3) of this section is extended by one day for each day during the period:
(a) beginning on the day on which the notice is given; and
(b) ending when the applicant gives the Titles Administrator the information.
(5) The Joint Authority is not required to comply with subsection (3) unless a number of days is prescribed for the purposes of subparagraph (3)(b)(ii).
(6) The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (3)(b)(i).
(7) A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.