56Periodic plan revision approval applications

56 Periodic plan revision approval applications

(1) If an approval of a management plan for a relevant licence is in effect, the licence holder must, on or before the periodic revision day worked out under subsection (2): (a) prepare a revised management plan; and (b) make a plan revision approval application for the Regulator to approve the revised management plan as the management plan for the licence; unless an exemption is in effect under section 57 in relation to the licence. (2) Subject to sections 58 (deferral) and 59 (different day determined by Regulator), the periodic revision day for a relevant licence is the day 5 years after the most recent of any of the following: (a) the day an approval of the management plan, or a revised management plan, for the relevant licence took effect as a result of a plan revision approval application made under paragraph (1)(b) of this section; (b) if the Regulator gives the licence holder a direction under subsection 53(1) in relation to the licence—the day specified in the direction under paragraph 53(2)(d); (c) the day an exemption under section 57 in relation to the licence ceased to have effect; (d) the day a deferral under section 58 in relation to the licence ceased to have effect; (e) the day a determination under section 59 in relation to the licence ceased to have effect.

Note: For when an approval of a plan takes effect, and the previous plan ceases to be the management plan for the licence, see section 71.

(3) To avoid doubt, an approval of a management plan for a relevant licence does not cease to be in effect merely because of a failure to comply with subsection (1). Offence (4) A person commits an offence of strict liability if: (a) the person holds a licence for which there is a management plan; and (b) no exemption is in effect under section 57 in relation to the licence; and (c) the periodic revision day for the licence passes; and (d) the person does not prepare a revised management plan and make a plan revision approval application for the Regulator to approve the revised management plan as the management plan for the licence.

Penalty: 40 penalty units.

Continuing offences (5) A person who commits an offence against subsection (4) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues. (6) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.