160Power to cancel or suspend a permit after a hearing

#### 160 Power to cancel or suspend a permit after a hearing 160 Power to cancel or suspend a permit after a hearing > > (1) The Minister may, by notice in writing to the holder of an aquaculture permit, cancel or suspend the permit if— > > > > > (a) the application for the permit was false or misleading in a material particular, or > > > > > (b) the permit holder has contravened this Part or the regulations under this Part, or > > > > > (c) (Repealed) > > > > > (d) the permit holder has contravened a condition of the permit, or > > > > > (e) the permit holder has been convicted of stealing fish or marine vegetation, or > > > > > (f) the permit holder is not undertaking aquaculture in accordance with the holder’s current commercial farm development plan, or > > > > > (g) the area to which the permit relates has been varied since the issue of the permit and the Minister is satisfied that an application for an aquaculture permit would have been refused under section 146(2) if made in relation to the area (as varied), or > > > > > (h) in the case of a permit for an area subject to an aquaculture lease—the area is not being used for the purposes for which the lease was granted, or > > > > > (i) in the case of a permit for an area subject to an aquaculture lease—the area is being so mismanaged that the production of fish or marine vegetation in that area or any surrounding area has been prejudicially affected or that the suitability of that area or any surrounding area for aquaculture is threatened, or > > > > > (j) the Minister is otherwise authorised by the regulations to cancel the permit. > > > (2) Before cancelling or suspending a permit under this section, the Minister is required to give the permit holder an opportunity to be heard on the matter or to make written submissions on the matter. > > > (3) The Minister may at any time, by notice in writing to the holder of the permit, revoke a suspension under this section. > > > (4) Nothing in this section affects any powers of the Minister to cancel an aquaculture lease. > > > (5) A permit holder may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the cancellation or suspension of the holder’s permit under this section. > > **s 160:** Am 1997 No 77, Sch 5.14 \[4\]; 2013 No 95, Sch 2.62 \[4\]; 2022 No 59, Sch 1.14\[9\].