QLDIn ForceRegulation
Marine Parks Regulation 2017
sec.76Immediate amendment or suspension for safety or conservation
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### sec.76 Immediate amendment or suspension for safety or conservation
This section applies if—
the chief executive reasonably believes a commercial activity agreement should be amended or the authorisation under it suspended—
to secure the safety of a person or a person’s property; or
because of a cyclone or other natural disaster; or
to conserve or protect the natural or cultural resources in the marine park to which the agreement applies; or
the area to which a commercial activity agreement applies is declared, after the agreement was entered into, to be a restricted access area.
The chief executive must, in writing, or verbally if practicable, or by signs, advise the other party to the agreement that until the chief executive otherwise decides—
the agreement is amended in the way the chief executive advises; or
the authorisation under the agreement is suspended to the extent the chief executive advises.
If the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the other party is advised of the amendment or suspension and continues until the chief executive decides the reason for the amendment or suspension no longer exists.
The effect of an amendment under this section does not depend on the amendment being noted on the agreement.
The chief executive must as soon as practicable after the amendment or suspension ends—
in writing, or verbally if practicable, or by signs, advise the other party that the amendment or suspension no longer applies; and
put a notice on the department’s website advising that the amendment or suspension no longer applies.
(sec.76-ssec.1) This section applies if— the chief executive reasonably believes a commercial activity agreement should be amended or the authorisation under it suspended— to secure the safety of a person or a person’s property; or because of a cyclone or other natural disaster; or to conserve or protect the natural or cultural resources in the marine park to which the agreement applies; or the area to which a commercial activity agreement applies is declared, after the agreement was entered into, to be a restricted access area.
(sec.76-ssec.2) The chief executive must, in writing, or verbally if practicable, or by signs, advise the other party to the agreement that until the chief executive otherwise decides— the agreement is amended in the way the chief executive advises; or the authorisation under the agreement is suspended to the extent the chief executive advises.
(sec.76-ssec.3) If the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the other party is advised of the amendment or suspension and continues until the chief executive decides the reason for the amendment or suspension no longer exists.
(sec.76-ssec.4) The effect of an amendment under this section does not depend on the amendment being noted on the agreement.
(sec.76-ssec.5) The chief executive must as soon as practicable after the amendment or suspension ends— in writing, or verbally if practicable, or by signs, advise the other party that the amendment or suspension no longer applies; and put a notice on the department’s website advising that the amendment or suspension no longer applies.
- (a) the chief executive reasonably believes a commercial activity agreement should be amended or the authorisation under it suspended— (i) to secure the safety of a person or a person’s property; or (ii) because of a cyclone or other natural disaster; or (iii) to conserve or protect the natural or cultural resources in the marine park to which the agreement applies; or
- (i) to secure the safety of a person or a person’s property; or
- (ii) because of a cyclone or other natural disaster; or
- (iii) to conserve or protect the natural or cultural resources in the marine park to which the agreement applies; or
- (b) the area to which a commercial activity agreement applies is declared, after the agreement was entered into, to be a restricted access area.
- (i) to secure the safety of a person or a person’s property; or
- (ii) because of a cyclone or other natural disaster; or
- (iii) to conserve or protect the natural or cultural resources in the marine park to which the agreement applies; or
- (a) the agreement is amended in the way the chief executive advises; or
- (b) the authorisation under the agreement is suspended to the extent the chief executive advises.
- (a) in writing, or verbally if practicable, or by signs, advise the other party that the amendment or suspension no longer applies; and
- (b) put a notice on the department’s website advising that the amendment or suspension no longer applies.