Application for permit
14 Application for permit
Subject to this Act, a person may make an application to the
Minister for the grant of a permit under this Act.
Subject to section 15, a person may not make an application under subsection (1)—
in relation to the dumping or loading for dumping of any wastes or other matter to which Annex I to the Convention applies; or
in relation to the incineration at sea of wastes or other matter listed in paragraph 2, 3, 4, 6 and 7 of Annex I to the
Convention.
An application for a permit must be made in accordance with the appropriate form approved by the Minister from time to time.
Where an application is made for the grant of a permit and the
Minister requires further information for the purpose of enabling him to deal with the application, he may, by notice in writing served on the applicant not later than sixty 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 15, not to have been duly made until the statement is furnished.
Where, in his preliminary consideration of an application for a permit for dumping, the Minister forms the view that, in order to enable him 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 and analysis to be undertaken to determine the effect that the proposed dumping 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 State that includes one or more of the following provisions:
that the applicant will, at his own expense but subject to the direction and supervision of the Minister, undertake such research and analysis as is specified in the agreement, being research and analysis relating to the effect that the proposed dumping might have on the marine environment;
that the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in undertaking research and analysis of a kind referred to in paragraph (a);
that the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in supervising any research and analysis undertaken by the applicant in accordance with the agreement;
that, if the applicant fails, or neglects, to carry out any research or analysis as required by the agreement—
the State may undertake the necessary research and analysis;
and
in that event, the applicant will reimburse the State the amount, as ascertained by the Minister, of the expense incurred by the State in connection with such undertaking;
that the applicant is to give a security to the State for the payment of any amount that he may become liable to pay to the State under the agreement;
that the applicant will report to the Minister the results of any research and analysis undertaken by him in accordance with the agreement.
Where an applicant is required under subsection (5) to enter into an agreement with the
State providing for the undertaking of research and analysis as specified in the agreement, his application shall be deemed, for the purposes of section 15, not to have been duly made until the research and analysis has been completed to the satisfaction of the
Minister.
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