S.L. 409.13 Art. 4Application for a licence. S.L. 409.05

(1) Applications for a licence to provide recreational diving services are to be made on an appropriate application form issued by the Authority together with such other documentation required by these regulations and as shall be set out in the application form:

Provided that the Authority may, in ensuring whether an applicant satisfies the requirements for the granting of a licence, request and conduct an interview with such an applicant or request and conduct an inspection of the location and facilities being proposed to be used for the provision of such recreational diving services.

(2) Every applicant shall, together with the application form submitted to the Authority, make a payment of a one time, non-refundable application fee of fifty euro (€50) to the Authority.

(3) The Authority shall, without delay, acknowledge receipt of the application form and the application fee by letter to the applicant and shall specify:

(a) the periods mentioned in sub-regulations (5) and (6) within which the Authority shall determine the application;

(b) the procedure under which a refusal by the Authority to grant a licence may be appealed in terms of the Act; and

(c) that an applicant shall not be deemed to have been issued a licence where the Authority does not determine an application form within the periods mentioned in sub-regulations (5) and (6).

(4) In the case of an incomplete application form, the Authority shall, without delay, inform the applicant of the need to supply any additional information or documentation, and that the Authority shall not commence processing the application form unless and until such time that the Authority receives a complete application form: Provided that an application form shall not be deemed to be complete unless and until the Authority is in receipt of all the documentation required to be submitted together with the application form or certification of compliance with all requirements.

(5) The Authority shall determine whether to issue a licence to an applicant, within consecutive forty-five days from the date of receipt of a complete application form.

(6) The period mentioned in sub-regulation (5) may, prior to the expiry of the relevant period, be extended by the Authority for one period of not more than consecutive thirty days. Such extension and the reasons thereof shall be notified to the applicant without delay.

(7) Due to the potential risks to public health associated with recreational diving services, when the Authority has not determined whether to issue a licence to an applicant, within the periods mentioned in sub-regulation (5), or within the extended period mentioned in sub-regulation (6), such applicant shall not be deemed, for all intents and purposes of law, to be licensed:

Provided that in the circumstances referred to in sub-regulation (7) it shall be possible for the applicant to appeal, as if the application has been refused by the Authority, in terms of the Third Schedule to the Act, on payment of the fee set out in the Fees (Tourism) Regulations.