(1) The Director may, by notice to the holder of an environmental licence, suspend or cancel the licence.
(2) The Director may only suspend or cancel an environmental licence under subsection (1) if the Director is satisfied that –
(a) a condition or restriction of the licence has been contravened; or
(b) the holder of the environmental licence has, within the 5-year period before the suspension or cancellation, been convicted of an offence, which the Director considers to be an offence relevant to the holding of the environmental licence, against –
(i) this Act; or
(ii) any other Act; or
(iii) a law of another State, a Territory, or the Commonwealth, that relates to the protection of the environment; or
(c) a lease under Part 4 of theMarine Farming Planning Act 1995 , for an area on which activities under the environmental licence are carried out, has been cancelled or has expired; or
(d) the holder of the environmental licence has not paid any fees that are due and payable under this Act, in relation to an environmental licence, by the holder of the licence; or
(e) an activity under the licence has caused, is causing or is likely to cause serious environmental harm or material environmental harm and the risk of such harm cannot be, within a reasonable period, removed, or adequately reduced, by varying the licence.
(3) If an environmental licence is suspended, the licence is to be taken not to be in force while the suspension remains in force.
(ii) until a requirement specified in the notice is satisfied; or
(iii) until the Director issues a notice under subsection (7) in relation to the licence –
whichever occurs first; and
(b) must specify the reasons for suspending or cancelling the licence; and
(c) must specify the rights of the person under Subdivision 9 to appeal to the Appeal Tribunal in relation to a decision made by the Director under this section.
(5) Without limiting the generality of subsection (4)(a)(ii) , a requirement specified in a notice under that subsection may include a requirement that the holder of a licence to which the notice relates –
(a) ensure that a scientific study be carried out; or
(b) take an action to prevent environmental harm; or
(c) take an action to ensure the remediation of environmental harm.
(6) A person does not commit an offence under section 42C in relation to an activity conducted in accordance with a requirement specified in a notice under subsection (1) .
(7) The Director may, by notice in writing to the holder of an environmental licence, notify the holder of the environmental licence that the suspension of the licence has ceased.
(8) The Director may, by notice in writing to a person who was the holder of an environmental licence that has been cancelled under this section, disqualify the person from holding an environmental licence at any time or for a period specified in the notice.
(9) The Director may only issue a notice under subsection (8) to a person who was the holder of an environmental licence that has been cancelled under this section if –
(a) the notice is issued after the end of the period in which an application for an appeal against the decision to cancel the licence may be made under Subdivision 9 ; and
(b) where an application for an appeal is made under Subdivision 9 against the decision to cancel the licence, the appeal is not upheld.