57NCancellation of tour operator licence

57N Cancellation of tour operator licence S. 57N(1) amended by No. 19/2018 s. 125(1). (1) The land manager may cancel a tour operator licence if the land manager is satisfied on reasonable grounds that— (a) the holder of the licence has been found guilty of an offence against this Act or the regulations; or (b) the holder of the licence has contravened a condition of the licence. S. 57N(2) amended by No. 19/2018 s. 125(1). (2) Before cancelling a tour operator licence, the land manager must— S. 57N(2)(a) amended by No. 19/2018 s. 125(1). (a) notify the holder of the licence that the land manager proposes to cancel the licence; and (b) allow the holder of the licence an opportunity to make either oral or written submissions. (3) Submissions under subsection (2) must be made within the period specified in the notice. S. 57N(4) amended by No. 19/2018 s. 125(2). (4) In making a decision as to whether or not to cancel a tour operator licence, the land manager must— (a) have regard to any submissions made under subsection (2) within the period specified in the notice; and S. 57N(4)(b) amended by No. 19/2018 s. 125(3). (b) must notify the holder of the land manager's decision. S. 57N(5) amended by No. 19/2018 s. 125(4). (5) The cancellation of a licence has effect from the time specified in the notice of the land manager's decision under subsection (4), which must be after the day on which the notice is given. S. 57N(6) inserted by No. 42/2021 s. 78. (6) On and from 1 July 2023, in relation to land in the Great Ocean Road coast and parks, a reference to a land manager in this section is a reference to the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager. Heading preceding s. 57NA inserted by No. 24/2024 s. 21. Timber in State forests S. 57NA inserted by No. 24/2024 s. 21. 57NA Direction relating to certain activities under licence or permit (1) An authorised officer may give a direction to the holder, or a person acting on behalf of the holder, of a licence or permit granted under section 52 as to the conduct of an activity referred to in section 52(1A)(d) and specified in the licence or permit. (2) The holder, or a person acting on behalf of the holder, of a licence or permit granted under section 52 to whom a direction under subsection (1) is given must comply with the direction. S. 57NB inserted by No. 24/2024 s. 21. 57NB Suspension of certain activities under licence or permit An authorised officer may issue a notice to the holder, or a person acting on behalf of the holder, of a licence or permit granted under section 52 to suspend an activity referred to in section 52(1A)(d) and specified in the licence or permit if the authorised officer is of the opinion that— (a) a direction under section 57NA as to the conduct of the activity has not been complied with; and (b) continuation of the activity would cause— (i) imminent damage to the environment; or (ii) a serious risk to the safety of any person. S. 57NC inserted by No. 24/2024 s. 21. 57NC Contents of suspension notice A suspension notice must— (a) state that the authorised officer is of the opinion that the activity that is the subject of a direction under section 57NA is causing or may cause— (i) imminent damage to the environment; or (ii) a serious risk to the safety of any person; and (b) state the reasons for that opinion; and (c) specify the activity which, in the authorised officer's opinion, involves or may involve the damage or risk and the matters which give or will give rise to the damage or risk. S. 57ND inserted by No. 24/2024 s. 21. 57ND Notice may include direction (1) An authorised officer may include in a suspension notice directions as to the measures to be taken to remedy any damage, risk, matter or activity to which the notice relates. (2) Any direction under subsection (1) may— (a) refer to any Code of Practice within the meaning of the **Conservation, Forests and Lands Act 1987**; and (b) offer the person to whom it is issued a choice of ways in which to remedy the damage, risk, matter or activity. S. 57NE inserted by No. 24/2024 s. 21. 57NE Expiry of suspension notice once matter remedied (1) Subject to sections 57NA to 57NH, if the damage, risk, matter or activity to which a suspension notice relates is remedied to the satisfaction of an authorised officer, the authorised officer may issue a notification in writing that the authorised officer is so satisfied to the person to whom the suspension notice was issued. (2) A suspension notice expires on notification being issued under subsection (1). S. 57NF inserted by No. 24/2024 s. 21. 57NF Offence not to comply with suspension notice A person to whom a suspension notice is issued in relation to which an appeal has not been made under section 57NG must comply with that notice. S. 57NG inserted by No. 24/2024 s. 21. 57NG Appeal against suspension notice (1) If a holder, or a person acting on behalf of a holder, of a licence or permit granted under section 52 is issued with a suspension notice, the holder of the licence or permit may appeal against the notice to the Magistrates' Court. (2) An appeal under subsection (1) must be— (a) in writing; and (b) made within 7 days after a suspension notice is issued. (3) The Magistrates' Court must inquire into the circumstances relating to the notice and may— (a) affirm the notice; or (b) affirm the notice with such modifications as it thinks fit; or (c) cancel the notice. (4) Subject to any order to the contrary made by the Magistrates' Court, the operation of the suspension notice continues pending the decision of the Magistrates' Court under subsection (3). (5) If the Magistrates' Court affirms the suspension notice or affirms the suspension notice with modifications, the person to whom the suspension notice is issued must comply with the suspension notice as so affirmed. S. 57NH inserted by No. 24/2024 s. 21. 57NH Occupational Health and Safety Act 2004 prevails Nothing in sections 57NA to 57NG affects the operation of the **Occupational Health and Safety Act 2004** and, to the extent that there is any conflict or inconsistency with the provisions of the **Occupational Health and Safety Act 2004**, that Act prevails. Heading preceding s. 57O inserted by No. 46/2012 s. 5. Cutting or taking away fallen or felled trees for domestic use as firewood S. 57O inserted by No. 46/2012 s. 5.