Commonwealth Numbered Regulations

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Modification of conditions or suspension of accreditation--pending investigation

             (1)  The Authority may, by written notice given to a TUMRA holder, modify the conditions of accreditation of the TUMRA, or suspend the TUMRA's accreditation, for the purpose of conducting an investigation, if the Authority has reason to believe that:

                     (a)  a person authorised by or under the TUMRA to undertake a traditional use of marine resources has not complied with:

                              (i)  the provisions of the TUMRA relating to the use; or

                             (ii)  a condition of the TUMRA's accreditation; or

                     (b)  if the application for accreditation of the TUMRA was being considered again, the accreditation would not be granted because of circumstances that were not foreseen at the time the accreditation was first granted; or

                     (c)  damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred, is occurring or is likely to occur because of the operation of the TUMRA.

             (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 TUMRA holder may provide reasons to the Authority as to why the Authority should remove the modification or suspension.

             (3)  The modification or the suspension commences:

                     (a)  on the day the Authority gives notice to the TUMRA 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 TUMRA holder:

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

                     (b)  consider any reasons provided in accordance with paragraph (2)(b) by the TUMRA holder in accordance with the notice.

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

                     (a)  the day after the modification or suspension commenced; or

                     (b)  the day after the TUMRA holder provides reasons to the Authority in accordance with a notice given to the TUMRA holder under subsection (2).

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