(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.]