Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

GREAT BARRIER REEF MARINE PARK REGULATIONS 2019 - REG 129

Modification of conditions or suspension of permission--pending investigation

  (1)   The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission), or suspend the permission, for the purpose of conducting an investigation, if the Authority has reason to believe that:

  (a)   the holder has contravened, or is likely to contravene, the conditions of the permission; or

  (b)   unacceptable relevant impacts have occurred, are occurring or are likely to occur that were not foreseen at the time of granting the permission; or

  (c)   if the application for the permission was being considered again, the permission would not have been granted because of circumstances that were not foreseen at the time the permission was first granted; or

  (d)   the holder's history in environmental matters is such that the holder may no longer be an appropriate person to hold the permission.

  (2)   The notice must also:

  (a)   set out the Authority's reasons for the modification or suspension; and

  (b)   specify a period of at least 10 business days within which the permission holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.

  (3)   The modification or suspension commences:

  (a)   on the day the Authority gives notice to the permission holder under subsection   (1); or

  (b)   if a later day is specified in the notice--on that later day.

  (4)   The Authority must, as soon as practicable after giving notice to the permission holder:

  (a)   investigate the matter in respect of which the condition was modified or the permission was suspended; and

  (b)   consider any reasons provided by the permission holder in accordance with the notice.

  (5)   The Authority must complete its investigation before the end of 20 business days after the later of the following:

  (a)   the day the modification or suspension commences;

  (b)   the day the permission holder provides reasons to the Authority in accordance with the notice.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback