Nature Conservation (Protected Areas Management) Regulation 2024
sec.142Notice for suspension or cancellation
Start here
Get a plain-English read of sec.142
Turn the raw legal text into a practical explanation grounded in Nature Conservation (Protected Areas Management) Regulation 2024.
sec.142 Notice for suspension or cancellation
Before suspending or cancelling a protected area authority under section 141 (the proposed action ), the chief executive must give the holder of the authority notice stating the following matters— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the authority—the proposed suspension period; an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken. However, subsection (1) (e) does not apply if the proposed action is because the holder of the protected area authority has failed to do any of the following (each a fee or return failure )— pay a fee or royalty payable for the authority; give a return of operations for the authority. For a fee or return failure, the notice must also state the following matters— the holder must rectify the failure by a day stated in the notice that is at least 10 business days after the notice is given; if the holder does not rectify the failure by the stated day, the chief executive may suspend or cancel the authority under this division. (sec.142-ssec.1) Before suspending or cancelling a protected area authority under section 141 (the proposed action ), the chief executive must give the holder of the authority notice stating the following matters— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the authority—the proposed suspension period; an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken. (sec.142-ssec.2) However, subsection (1) (e) does not apply if the proposed action is because the holder of the protected area authority has failed to do any of the following (each a fee or return failure )— pay a fee or royalty payable for the authority; give a return of operations for the authority. (sec.142-ssec.3) For a fee or return failure, the notice must also state the following matters— the holder must rectify the failure by a day stated in the notice that is at least 10 business days after the notice is given; if the holder does not rectify the failure by the stated day, the chief executive may suspend or cancel the authority under this division.
- (a) the proposed action;
- (b) the ground for the proposed action;
- (c) an outline of the facts and circumstances forming the basis for the ground;
- (d) if the proposed action is suspension of the authority—the proposed suspension period;
- (e) an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.