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reg 18

Joint interests

In force
Part 3Permits and licences
Division 3General

18 Joint interests

(1)

A joint application for an approval:

(a)

must be in accordance with the approved form for the application;

and

(b)

must be made in the name of each joint applicant; and

(c)

must include the address of each joint applicant; and

(d)

must be signed by each joint applicant unless the applicants are using an agent in accordance with paragraph (e); and

(e)

may be made by an agent on the applicants' behalf if the agent has written authorisation to do so and lodges the authorisation with the application.

(2)

After considering the application, any objections to the application and the applicants' replies to those objections, the decision maker:

(a)

must determine whether or not to grant an approval to the applicants jointly and to which applicants to grant the approval; and

(b)

may include special conditions on the approval that the decision maker considers appropriate.

(3)

It is a condition of every joint approval that each joint holder is jointly and severally:

(a)

bound by the terms and conditions; and

(b)

liable for any fee or other amount payable; and

(c)

bound to comply with all notices and directions given or served under the Act unless the notice or direction relates to any thing, measure or work on the land of one or more but not all of the joint holders.

(4)

If, under section 93(1) of the Act, the decision maker, by notice, amends the terms and conditions of a joint approval, the decision maker may specify in the notice the manner in which the respective entitlements of each of the joint holders are amended by the notice.

(5)

If, under section 93(2) of the Act, the decision maker, by notice, revokes or suspends a joint approval, the decision maker may specify in the notice the manner in which the respective entitlements of each of the holders are revoked or suspended.

(6)

If an application, notice or other document is permitted or required to be served on the joint holders of an approval, service on one joint holder is taken to be service on every joint holder.

(7)

In this regulation:

approval means a licence, permit or other authorisation granted under the Act.

decision maker, for an approval, means the person who is responsible for making a decision about the grant, amendment or revocation of the approval under the Act.

Part 4 Infringement notice offences

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