QLDIn ForceRegulation
Marine Parks Regulation 2017
sec.32Non-immediate suspension or cancellation
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### sec.32 Non-immediate suspension or cancellation
The chief executive may, by complying with section 33 , suspend or cancel a permission—
for a reason for which the permission may be amended or suspended under section 30 ; or
for a reason for which the permission may be amended or suspended under section 31 ; or
if the purpose for which the entry or use of a marine park or a part of a marine is authorised under the permission is prescribed as a prohibited purpose for the marine park or part; or
if the chief executive reasonably believes—
the permission was obtained because of incorrect or misleading information; or
the holder of the permission has contravened a condition of the permission; or
the holder of the permission is not, or is no longer, a suitable person to hold the permission; or
if the holder is convicted of an offence against the Act and the activities of the holder that led to the conviction are relevant to the holder’s ability to conduct activities under the permission in a competent and ethical way; or
if the holder of the permission has failed to give the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or
if the chief executive reasonably believes the activities being conducted under the permission are having an unacceptable impact on—
the natural or cultural resources in a marine park; or
the use and non-use values of a marine park; or
if the chief executive reasonably believes the activities being conducted under the permission are threatening public health or safety; or
for a permission authorising the use of a structure, vessel, vehicle or aircraft in a marine park—if the chief executive reasonably believes the structure, vessel, vehicle or aircraft is not, or is no longer, appropriate for use under the permission; or
for a permission forming a part of a joint permission—if the Commonwealth permission forming the other part of the joint permission has been, or is about to be—
amended to an extent that it is no longer consistent with the permission granted under the Act ; or
replaced with another permission that is not consistent with the permission granted under the Act ; or
suspended or cancelled; or
if the chief executive reasonably believes the suspension or cancellation is necessary to ensure the fair and equitable access to the marine park to which the permission applies.
Environmental factors have affected the availability of public access to the marine park for which the permission is granted and the permission currently restricts the currently available public access to the marine park.
- (a) for a reason for which the permission may be amended or suspended under section 30 ; or
- (b) for a reason for which the permission may be amended or suspended under section 31 ; or
- (c) if the purpose for which the entry or use of a marine park or a part of a marine is authorised under the permission is prescribed as a prohibited purpose for the marine park or part; or
- (d) if the chief executive reasonably believes— (i) the permission was obtained because of incorrect or misleading information; or (ii) the holder of the permission has contravened a condition of the permission; or (iii) the holder of the permission is not, or is no longer, a suitable person to hold the permission; or
- (i) the permission was obtained because of incorrect or misleading information; or
- (ii) the holder of the permission has contravened a condition of the permission; or
- (iii) the holder of the permission is not, or is no longer, a suitable person to hold the permission; or
- (e) if the holder is convicted of an offence against the Act and the activities of the holder that led to the conviction are relevant to the holder’s ability to conduct activities under the permission in a competent and ethical way; or
- (f) if the holder of the permission has failed to give the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or
- (g) if the chief executive reasonably believes the activities being conducted under the permission are having an unacceptable impact on— (i) the natural or cultural resources in a marine park; or (ii) the use and non-use values of a marine park; or
- (i) the natural or cultural resources in a marine park; or
- (ii) the use and non-use values of a marine park; or
- (h) if the chief executive reasonably believes the activities being conducted under the permission are threatening public health or safety; or
- (i) for a permission authorising the use of a structure, vessel, vehicle or aircraft in a marine park—if the chief executive reasonably believes the structure, vessel, vehicle or aircraft is not, or is no longer, appropriate for use under the permission; or
- (j) for a permission forming a part of a joint permission—if the Commonwealth permission forming the other part of the joint permission has been, or is about to be— (i) amended to an extent that it is no longer consistent with the permission granted under the Act ; or (ii) replaced with another permission that is not consistent with the permission granted under the Act ; or (iii) suspended or cancelled; or
- (i) amended to an extent that it is no longer consistent with the permission granted under the Act ; or
- (ii) replaced with another permission that is not consistent with the permission granted under the Act ; or
- (iii) suspended or cancelled; or
- (k) if the chief executive reasonably believes the suspension or cancellation is necessary to ensure the fair and equitable access to the marine park to which the permission applies. Example for paragraph (k) — Environmental factors have affected the availability of public access to the marine park for which the permission is granted and the permission currently restricts the currently available public access to the marine park.
- (i) the permission was obtained because of incorrect or misleading information; or
- (ii) the holder of the permission has contravened a condition of the permission; or
- (iii) the holder of the permission is not, or is no longer, a suitable person to hold the permission; or
- (i) the natural or cultural resources in a marine park; or
- (ii) the use and non-use values of a marine park; or
- (i) amended to an extent that it is no longer consistent with the permission granted under the Act ; or
- (ii) replaced with another permission that is not consistent with the permission granted under the Act ; or
- (iii) suspended or cancelled; or