240AADirection to suspend operations and activity approvals

#### 240AA Direction to suspend operations and activity approvals 240AA Direction to suspend operations and activity approvals > > (1) The Secretary may, by written notice (a suspension notice), direct a responsible person to suspend (for such period as is specified in the direction or until further notice) all, or any specified, operations under an authorisation or suspend any activity approval relating to the operations if the Secretary considers that— > > > > > (a) circumstances exist that could constitute a ground for cancellation of the authorisation under section 125 (1) (b)–(g), 203 (1) (b)–(e) or (h) or 233 (1) (b)–(d), or > > > > > (b) circumstances exist that could constitute a ground for cancellation of the authorisation under section 125 (1) (h), 203 (1) (i) or 233 (1) (f), in relation to a breach of a direction under section 240 only, or > > > > > (c) on any other ground specified in the regulations. > > > (2) Before giving a suspension notice, the Secretary is to— > > > > > (a) cause written notice of the proposed suspension notice and the grounds for it to be served on the holder of the authorisation, and > > > > > (b) give the holder a reasonable opportunity to make representations with respect to the proposed suspension notice, and > > > > > (c) take any such representations into consideration. > > > (3) The suspension notice takes effect on the date on which it is given to the holder of the authorisation or on a later date specified in the notice. > > > (4) The suspension of an authorisation or an activity approval does not affect any liability incurred by the holder of the authorisation or activity approval before the suspension took effect. > > > (5) The holder of an authorisation or an activity approval is not entitled to compensation merely because of the suspension of operations under the authorisation or activity approval in accordance with a suspension notice. > > > (6) If a suspension notice under this section is issued to a person who is not the current holder of the authorisation concerned, the Secretary must cause a copy of the notice to be served on any current holder within 5 days after the notice is issued. > > > (7) A direction served on a person under this section may require the person to prepare, and submit to the Secretary or inspector, reports as to any of the following— > > > > > (a) the measures the person proposes to take for the purpose of complying with the direction, > > > > > (b) the progress made by the person in implementing any such measures. > > > (8) Any costs or expenses incurred by the Crown under this section are a debt due to the Crown by the person on whom the direction was served and are recoverable in a court of competent jurisdiction. > > **s 240AA:** Ins 2015 No 40, Sch 1 \[81\]. Am 2022 No 21, Sch 1\[86\] \[87\].