Victorian Numbered Acts

WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019 (NO. 23 OF 2019) - SECT 35

After section 74AA of the Principal Act insert —

        " 74AB     Suspension or cancellation of licence

    (1)     The Minister may suspend or cancel a licence issued under section 67 if—

        (a)     the Minister reasonably believes that—

              (i)     there has been a failure to comply with this Act or regulations made under this Act; or

              (ii)     there has been a failure to comply with any conditions to which the licence is subject; or

              (iii)     the holder of the licence has not paid an applicable fee or charge payable in respect of the licence; or

        (b)     any prescribed circumstances apply.

    (2)     The Minister must give the licence holder written notice of a decision under subsection (1).

    (3)     If the Minister decides to suspend the licence, the notice under subsection (2) must specify—

        (a)     the period of suspension, which may extend beyond the period of the current licence to any period of renewal; and

        (b)     any actions the licence holder must take before the end of the period of suspension in order for the suspension to be lifted.

    (4)     A suspension under this section remains in force until the earlier of the following—

        (a)     the end of the period specified in subsection (3)(a), if no actions have been specified under subsection (3)(b);

        (b)     if the Minister is satisfied that the licence holder has taken the actions specified under subsection (3)(b), the date specified by the Minister by notice in writing to the licence holder as the date on which the suspension is no longer in force (which may not be later than 2 days after the date of the notice).

        74AC     Process for suspension or cancellation of licence

    (1)     Before suspending or cancelling a licence under section 74AB(1), the Minister must—

        (a)     notify the holder of the licence in writing as to—

              (i)     the grounds specified in section 74AB(1) on which the Minister proposes to suspend or cancel the licence; and

              (ii)     the rights the holder of the licence has under this section to make submissions on the proposal; and

              (iii)     if the Minister proposes to suspend the licence, any actions the holder of the licence would need to take in order for the proposed suspension to be lifted; and

        (b)     allow the holder of the licence an opportunity to make written submissions on the proposal to suspend or cancel the licence within the period specified in the notice under paragraph (a), which must not be less than 35 days after the Minister gives the notice.

    (2)     The Minister—

        (a)     must have regard to any submissions made under subsection (1)(b) when making a decision under section 74AB(1); and

        (b)     must not make a decision under section 74AB(1) until the period specified in subsection (1)(b) has elapsed.".