58DAmendment or replacement of kava management plan

58D Amendment or replacement of kava management plan (1) At least 10 residents of a licence area, or a council for a local government area of which part is a licence area, may: (a) prepare an amendment to the kava management plan applying in the licence area; or (b) prepare a kava management plan to replace the kava management plan applying in the licence area. (2) A person who prepares or the persons who prepare an amendment to a kava management plan or a replacement kava management plan must do so in consultation with the Director, the Commissioner of Police and the Chief Health Officer and must, on completing it, give the amendment or replacement kava management plan to the Director for approval.

Kava Management Act 1998 33 (3) The Director must not approve an amendment to a kava management plan or a replacement kava management plan unless satisfied that: (a) the amended plan or the replacement plan appropriately provides for the matters specified in section 58B(1)(a) and (b); and (b) the amended plan or the replacement plan complies with this Division and the Regulations; and (c) in the case of an amended plan or a replacement plan that will be applying in a licence area that is or part of is within a local incorporated association – the amended plan or the replacement plan is supported by the local government council for the local government area or the incorporated association; and (d) the amendment to the plan or the replacement plan was developed to the reasonable satisfaction of the Commissioner of Police and the Chief Health Officer. (4) In addition, the Director must not approve an amendment to a kava management plan or a replacement kava management plan unless the Director has consulted the residents of the licence area in which the amendment or replacement plan will apply about that amendment or replacement plan. (4A) For subsection (4), consultations with residents must be conducted in the same manner in which consultations were conducted with them under section 55 about the application to declare the licence area and section 55 applies (with the necessary changes) accordingly. (4B) However, the Director may approve an amendment to a kava management plan without consulting the residents of the licence area as required by subsection (4) if the Director, the Commissioner of Police and the Chief Health Officer agree the amendment is minor in nature. (5) An amendment to a kava management plan or a replacement kava management plan has no effect unless it is approved by the

Kava Management Act 1998 34