88ZURevocation of permission—general

#### 88ZU Revocation of permission—general (1) The Authority may, by written notice given to the permission holder, revoke the permission if the Authority is satisfied that any of the following apply: (a) the holder consents to the revocation; (b) the holder has been convicted or found guilty of an offence against the Act or these Regulations; (c) 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 holder’s application for the permission; (d) 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; (e) if the permission has been suspended under regulation 88ZT—the holder has not, within 10 business days of the suspension, taken the action that would enable the Authority to reinstate the permission; (f) the 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of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and that approval has been revoked under section 145 of that Act; (g) the holder did not engage in the conduct in the Marine Park that is permitted by the permission within 120 days after the date on which the permission was granted, or transferred, under these Regulations, unless the permission states otherwise. (2) A revocation takes effect: (a) on the day the Authority gives notice to the holder under subregulation (1); or (b) if a later day is specified in the notice, on that later day. (3) Before taking action to revoke a permission on a ground mentioned in paragraphs (1)(b) to (g), the Authority must: (a) give to the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to revoking the permission; and (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be revoked. (4) In deciding whether to revoke the permission, the Authority must consider any reasons provided by the holder in response to a notice under subregulation (3). (5) In spite of subregulation (3), the Authority may, by written notice given to the holder, suspend the permission while it considers whether or not to revoke the permission. (6) The suspension: (a) commences: (i) on the day the Authority gives notice to the permission holder under subregulation (5); or (ii) if a later day is specified in the notice, on that later day; and (b) ends on the earlier of: (i) the day the Authority makes a decision on whether or not to revoke the permission; and (ii) the day that is 20 business days after the date of the notice mentioned in subregulation (5). (7) In this regulation, permission includes an authorisation attached to the permission.