Time for dealing with application for licence (section 2.17)
2.29 Time for dealing with application for licence (section 2.17)
The Environment Agency Head is to determine an application for a biodiversity conservation licence—
within 28 days after the date on which the application has been duly made, or
if the Environment Agency Head determines that additional time is required to determine the licence, within 56 days after that date.
Any period after the applicant is required by the Environment Agency Head under section 2.12(3) of the Act to provide additional information and until that additional information is provided is not to be counted in calculating that 28-day or 56-day period.
An application for a biodiversity conservation licence that has not been determined is taken to have been refused—
after the expiration of the period within which the Environment Agency Head is required by this clause to determine the application, or
after the expiration of the period of 90 days after the application was made,
whichever is the latter.
Note.
Section 2.16 of the Act confers a right of appeal to the Land and Environment Court against the refusal of an application for a licence.
The Environment Agency Head may grant or refuse an application for a biodiversity licence even if the application for the licence is taken to have been refused under subsection (3).
For the purposes of this clause, an application for a licence is not duly made unless the applicant has complied with the requirements of section 2.12(1) and (2) of the Act in relation to the application.
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