QLDIn ForceRegulation
Marine Parks Regulation 2017
sec.78Procedure for non-immediate amendment
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### sec.78 Procedure for non-immediate amendment
If the chief executive proposes to make an amendment under section 77 , the chief executive must give the other party to the agreement a notice stating each of the following—
the proposed amendment;
the ground for the proposed amendment;
an outline of the facts and circumstances forming the basis for the ground;
an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.
If, after considering any written submissions made within the stated period, the chief executive still considers the amendment should be made, the chief executive may amend the agreement—
in the way stated in the notice; or
in another way, having regard to the submissions.
If the chief executive amends the agreement, the chief executive must give the other party an information notice about the decision.
The amendment takes effect on the later of the following days—
the day the information notice is given to the other party;
the day of effect stated in the information notice.
The effect of the amendment does not depend on the amendment being noted on the agreement.
If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the other party notice of the decision.
(sec.78-ssec.1) If the chief executive proposes to make an amendment under section 77 , the chief executive must give the other party to the agreement a notice stating each of the following— the proposed amendment; the ground for the proposed amendment; an outline of the facts and circumstances forming the basis for the ground; an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.
(sec.78-ssec.2) If, after considering any written submissions made within the stated period, the chief executive still considers the amendment should be made, the chief executive may amend the agreement— in the way stated in the notice; or in another way, having regard to the submissions.
(sec.78-ssec.3) If the chief executive amends the agreement, the chief executive must give the other party an information notice about the decision.
(sec.78-ssec.4) The amendment takes effect on the later of the following days— the day the information notice is given to the other party; the day of effect stated in the information notice.
(sec.78-ssec.5) The effect of the amendment does not depend on the amendment being noted on the agreement.
(sec.78-ssec.6) If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the other party notice of the decision.
- (a) the proposed amendment;
- (b) the ground for the proposed amendment;
- (c) an outline of the facts and circumstances forming the basis for the ground;
- (d) an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.
- (a) in the way stated in the notice; or
- (b) in another way, having regard to the submissions.
- (a) the day the information notice is given to the other party;
- (b) the day of effect stated in the information notice.