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Chapter 5
Obligations, joint licences, surrenders, transfers, reviews, revocations or suspensions
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General provisions relating to licensee
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46. (1) A licensee shall comply with the licence and any condition to which the licence is subject.
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(2) The Agency shall only grant a licence under this Part to a person who—
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(a) has not been convicted of an offence under this Act or any other enactment or rule of law relating to environmental objectives or other standards relating to protection of water quality in circumstances which are, in the opinion of the Agency, of such seriousness as to warrant a refusal to grant the licence,
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(b) has not come to the attention of the Agency in respect of a breach of a licence under this Act or other licence or authorisation howsoever called granted by the Agency under another enactment where the breach is, in the opinion of the Agency, of such seriousness as to warrant a refusal to grant the licence,
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(c) in the opinion of the Agency has, or any individual employed by the person to direct or control the carrying out of the abstraction has, the requisite technical knowledge or qualifications to carry out the abstraction in accordance with the licence and requirements of this Act, and
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(d) in the opinion of the Agency, is likely to be in a position to meet the financial commitments or liabilities that the Agency reasonably considers have been or will be entered into or incurred in carrying out the abstraction to which the licence relates or will relate, in accordance with the conditions to which the licence is likely to be subject or in consequence of ceasing to carry out the abstraction.
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(3) Subsection (2) applies—
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(a) in a case where more than one person applies for a licence, to each of the persons who applies for the licence, and
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(b) in a case where a person applies for a licence on behalf of persons who may include the first mentioned person, to the person who applies for the licence and each of the persons on behalf of whom the application is made.
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(4) Where in a case referred to in paragraph (a) or (b) of subsection (3), each of the persons to whom any licence is granted shall be responsible jointly and severally for the licence and conditions to which it is subject.
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(5) In subsection (2), where the person applying to be the licensee is a body corporate, the Agency shall only grant a licence to that body corporate where each of its directors, managers, secretary or other officers of the body corporate purporting to act in that capacity would, if an applicant, satisfy the Agency in relation to the requirements specified in subsection (2).
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(6) A person who contravenes subsection (1) shall be guilty of an offence.
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