Duration of licence—the Act, ss 51 and 119(2)(iii) and (vii)
28 Duration of licence—the Act, ss 51 and 119(2)(iii) and (vii)
An application for a licence or for renewal of a licence must nominate 1 of the following terms of duration for the licence (the nominated term)—
1 year,
5 years.
The Environment Protection Authority may grant or renew a licence for—
the nominated term, or
if satisfied that it is in the public interest—a shorter term than the nominated term.
If the Environment Protection Authority grants or renews a licence for a shorter term than the nominated term, the Environment Protection Authority must refund the applicant a proportionate amount of the application fee.
If an application for renewal of a licence has been made but the application is not determined by the Environment Protection Authority before the expiry of the licence, the licence continues in force until the Environment Protection Authority determines the application unless—
the application is withdrawn, or
the licence is sooner suspended or revoked.
For the purposes of subclause (4), the Environment Protection Authority is taken to have determined the application by refusing to renew the licence if the Environment Protection Authority does not renew the licence within 90 days after the application is made.
This clause does not affect the term of a licence granted under the Act and in force immediately before the substitution of this clause by the Pesticides Amendment Regulation 2021.
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