88ZPModification of permission conditions

#### 88ZP Modification of permission conditions (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission in order to ensure the permission, and the conditions of the permission, remain appropriate to the attainment of the objects of the Act. (2) The Authority may modify the conditions: (a) with the consent of the permission holder; or (b) without the consent of the permission holder: (i) if the holder has been convicted or found guilty of an offence against the Act or these Regulations; or (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 of the Criminal Code in relation to the person’s application for the permission; or (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision in the Act; or (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been varied under section 143 of that Act; or (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park. (3) Before taking action to modify a condition on a ground mentioned in paragraph (2)(b), the Authority must: (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and (b) include in the notice a statement that the holder may, within 20 business days after the date of the notice (or such longer period as is specified in the notice), provide reasons to the Authority why the condition should not be modified. (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in response to a notice under subregulation (3). (5) In this regulation, permission includes an authorisation attached to the permission.