Western Australian Current Acts Western Australian Current Acts (1) This section
applies to the amendment of a clearing permit under section 51K(2)(b), or the
revocation or suspension of a clearing permit under section 51L(1).
(2) Before amending,
revoking or suspending a clearing permit (the proposed action ) the CEO must
give the holder of the permit a written notice under this subsection.
(3) The notice must
—
(a)
state details of the proposed action; and
(b)
invite the holder to make representations to the CEO to show why the action
should not be taken; and
(c)
state the period (at least 28 days after the notice is given to the holder)
within which representations may be made.
(4) The
representations must be made in writing.
(5) Subject to
subsection (8), the CEO may take the proposed action —
(a) at
any time after the holder of the clearing permit advises the CEO in writing
that the holder does not intend to make any representations or any further
representations; or
(b) if
such advice is not given, after the end of the period stated in the notice
within which representations may be made.
(6) The CEO must
consider any representations properly made by the holder of the clearing
permit.
(7) If the proposed
action is —
(a) the
revocation or suspension of the clearing permit; or
(b) an
amendment of the clearing permit reducing or restricting the extent or method
of clearing that may be done,
the permit, by force
of this subsection, ceases to have effect until —
(c)
notice of any amendment, revocation or suspension of the permit is given under
subsection (10); or
(d)
after considering any representations properly made by the holder of the
permit, the CEO gives the holder written notice that the action will not be
taken.
(8) Subsections (1) to
(7) do not apply to anything done by the CEO under section 110(1) to give
effect to a decision of the Minister under section 107(2) or 109(3) on an
appeal.
[(9) deleted]
(10) The CEO must give
the holder of the clearing permit written notice of any amendment, revocation
or suspension of the permit.
(11) Without limiting
subsection (10), notice of an amendment can be given in the form of a revised
clearing permit.
(12) The CEO must
publish notice of the amendment, revocation or suspension of a clearing
permit.
[Section 51M inserted: No. 54 of 2003 s. 110(1);
amended: No. 40 of 2020 s. 53.]