Queensland Consolidated Acts

RECREATION AREAS MANAGEMENT ACT 2006 - SECT 65

65 Cancelling a permit or suspending a permit (other than immediately)

(1) The chief executive may cancel a permit or suspend a permit other than immediately—

(a) for a reason mentioned in section 64 ; or

(b) if the chief executive reasonably believes—

(i) the permit was obtained because of incorrect or misleading information; or

(ii) the permit holder has contravened a condition of the permit; or

(iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or

(iv) for a joint permission permit—a related permission for the permit has been, or is about to be—

(A) amended to an extent that is no longer consistent with the permit; or

(B) replaced with another permission that is not consistent with the permit; or

(C) suspended or cancelled; or

(c) if the holder of the permit has failed to—

(i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or

(ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or

(d) if the holder is convicted of an offence against this Act or the repealed Act.

(2) The chief executive may take action (the
"proposed action" ) under subsection (1) by giving the holder of the permit a notice stating each of the following—

(a) the proposed action;

(b) the ground for the proposed action;

(c) an outline of the facts and circumstances forming the basis for the ground;

(d) if the proposed action is suspension of the permit—the proposed suspension period;

(e) an invitation to make representations, within a stated period, about why the proposed action should not be taken.

(3) If the permit is an organised event or commercial activity permit—

(a) the notice must be in writing; and

(b) the stated period must not be less than 20 business days after the notice is given; and

(c) the representations must be in writing.

(4) If, after considering any representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—

(a) if the proposed action was to suspend the permit—to suspend it for not longer than the proposed suspension period; or

(b) if the proposed action was to cancel the permit—either to cancel it or to suspend it for a period.

(5) If the chief executive decides to suspend or cancel the permit, the chief executive must—

(a) for a camping or vehicle access permit—advise the holder of the action taken; or

(b) for an organised event or commercial activity permit—give the holder an information notice about the decision.

(6) A decision to suspend or cancel the permit takes effect on the later of the following days—

(a) the day when the advice or information notice is given to the holder;

(b) the day of effect stated in the advice or information notice.

(7) If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision—

(a) for a camping or vehicle access permit—advise the holder of the decision; or

(b) for an organised event or commercial activity permit—give the holder written notice of the decision.