Western Australian Current Regulations

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MOORING REGULATIONS 1998 - REG 14

14 .         Cancellation of mooring licence

        (1)         Subject to this regulation, the Minister may, by written notice given to a mooring licensee, cancel the mooring licence if —

            (a)         the Minister is of the opinion that the mooring licensee has committed an offence under these regulations or has caused or permitted another person to do so; or

            (b)         the Minister is of the opinion that the mooring licensee has failed to comply with a condition of the licence or has caused or permitted another person to do so; or

            (ba)         the Minister is of the opinion that the mooring licence was obtained by deception or fraud; or

            (bb)         for a mooring licensee who is an individual — the Minister is of the opinion that the licensee’s principal place of residence is not in the State; or

            (bc)         for a mooring licensee that is a body corporate — the Minister is of the opinion that the principal place of residence of the individual referred to in regulation 8(3)(b)(ii) as authorised to act on behalf of the body corporate is not in the State; or

            (c)         the annual mooring licence fee or the late fee has not been paid in accordance with a notice given under regulation 13(3); or

            (d)         the licensed vessel of the mooring licensee has been sold or disposed of and the mooring licensee has not nominated a substitute vessel under regulation 25(3); or

            (da)         the mooring licensee has entered into an arrangement for another person to lease or otherwise use the mooring site or has published a statement to the effect that the mooring site is available to be leased or otherwise used; or

            (db)         the mooring licensee has attempted to sell, or has invited an offer to purchase, the mooring licence; or

            (dc)         in the case of a mooring licence that specifies a recreational mooring site — the licensed vessel is no longer a pleasure vessel; or

            (dd)         in the case of a mooring licence that specifies a commercial general mooring site —

                  (i)         the mooring licensee has ceased to use the licensed vessel in connection with a commercial activity; or

                  (ii)         the licensed vessel is no longer a commercial vessel;

                or

            (de)         in the case of a mooring licence that specifies a commercial resources mooring site —

                  (i)         the mooring licensee has ceased to use the licensed vessel primarily in connection with a mining industry, including an industry engaged in mining for minerals, petroleum or geothermal energy; or

                  (ii)         the licensed vessel is no longer a commercial vessel;

                or

            (df)         regulation 20(5) has effect; or

            (e)         the Minister is of the opinion that it is in the public interest or the best interest of good management of the mooring control area to do so.

        (2)         If the Minister proposes to cancel a mooring licence under subregulation (1), except under subregulation (1)(c), the Minister is to give to the mooring licensee written notice of the proposal and the reasons for the proposal.

        (3)         A notice given under subregulation (2) is to state that within 14 days after the notice is given, the person to whom it is given may make written representations to the Minister concerning the matter, and the Minister is not to determine the matter without considering any representations received within that period of 14 days.

        (4)         If the Minister cancels a mooring licence under subregulation (1)(e), the Minister may, despite regulation 11(1), offer the mooring licensee a mooring licence for any other mooring site.

        (5)         The Minister must give the mooring licensee written notice of the cancellation of a mooring licence.

        (6)         Without limiting the Interpretation Act 1984 sections 75 and 76, subregulation (5) is complied with if the notice is sent by post to the mooring licensee’s address that is recorded in the register.

        (7)         The cancellation of a mooring licence has effect —

            (a)         on the date specified in the notice, which must be later than the date the notice is given; or

            (b)         if no date is specified in the notice — 7 days after the notice is given.

        (8)         If a mooring licensee’s licensed vessel is authorised under regulation 7D(2) by the operation of regulation 7C(5), the cancellation of the licensee’s mooring licence does not affect the validity of the authorisation.

        [Regulation 14 amended: SL 2021/147 r. 17.]



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