19Imposition of terms and conditions by the Secretary

19 Imposition of terms and conditions by the Secretary

19 Imposition of terms and conditions by the Secretary

(1) Terms or conditions of an authority may be imposed by the Secretary under the Act, section 28(1)(c) after the issue of the authority—

(a) at the request of the holder of the authority, or

(b) other than at the request of the holder of the authority, if subsection (3) is complied with before imposition of the term or condition.

(2) A term or condition of an authority that is specified under the Act, section 28(1)(b) in the authority when it is issued, or that is imposed by the Secretary under the Act, section 28(1)(c) after it is issued, may be varied by the Secretary if the decision to make the variation is made after subsection (3) is complied with.

(3) This subsection is complied with if—

(a) the Secretary gives the holder of the authority written notice the Secretary is considering the imposition or variation of terms or conditions specified in the notice, and

(b) the notice states the holder of the authority may, within a specified time, make written representations to the Secretary or arrange with the Secretary to make oral representations, and

(c) before making any decision in relation to a term, condition or variation under consideration, the Secretary takes into account the relevant representations.

(4) Despite another provision of this section, the Secretary may, at any time, revoke a term or condition of an authority that is—

(a) specified under the Act, section 28(1)(b) in the authority when it is issued, or

(b) imposed by the Secretary under the Act, section 28(1)(c) after it is issued.