(1) An approved noise
management plan for a shooting venue ceases to have effect if approval of the
plan is revoked under this regulation.
(2) The CEO may revoke
the approval of a noise management plan for a shooting venue by written notice
given to the occupier of the venue.
(3) The grounds for
revocation of a noise management plan for a shooting venue are that the CEO is
satisfied that —
(a)
there has been a breach of a measure, other than an ancillary measure, in the
plan; or
(b)
there has been a breach of a condition imposed by the CEO under
regulation 16BA(5)(a); or
(c)
information contained in the plan, or contained in or supporting the
application for approval of the plan, was false or misleading in a material
respect; or
(d) the
noise emissions from the venue have increased during the period the noise
management plan has been in effect.
(4) The CEO, before
exercising the power of revocation under subregulation (2),
must —
(a) give
the occupier of the shooting venue a reasonable opportunity to show cause in
writing why that power should not be exercised; and
(b) give
the persons referred to in regulation 16BA(4)(a) a reasonable opportunity
to make a submission on whether or not that power should be exercised.
(5) An opportunity is
not a reasonable opportunity for the purposes of subregulation (4) unless
the relevant person is informed of the right to show cause or make a
submission under that subregulation not less than 90 days before the day
on which the CEO exercises the power in question.
[Regulation 16BC inserted: Gazette 5 Dec 2013
p. 5685‑6.]