58Deferral of periodic plan revision requirement

58 Deferral of periodic plan revision requirement

(1) If an approval of a management plan for a relevant licence is in effect, the licence holder may apply to the Regulator for a deferral of the periodic revision day for the relevant licence. (2) The application must: (a) be in writing; and (b) set out the reasons for the deferral, including an explanation of why the deferral is necessary and appropriate; and (c) propose a deferred periodic revision day for the relevant licence. (3) The Regulator may, by written notice to the licence holder, grant a deferral of the periodic revision day for the relevant licence if the Regulator is satisfied that: (a) the licence holder is reasonably likely to comply with the management plan for the period of the deferral; and (b) the deferral is reasonably necessary for the reasons described in the application under paragraph (2)(b). (4) A notice under subsection (3) must specify the deferred periodic revision day for the relevant licence. (5) If a deferral under this section is in effect in relation to a relevant licence, the periodic revision day for the relevant licence is the day specified for the purposes of subsection (4).

Note: A deferral under this section defers the periodic revision obligation under section 56. However, sections 53 (Regulator may direct licence holder to revise management plan) and 60 (other circumstances in which licence holder must make a plan revision approval application) continue to apply.

Revocation of deferral (6) A deferral under this section is taken to be revoked: (a) at the end of the day specified for the purposes of subsection (4); or (b) if the Regulator gives the licence holder a direction under section 53 in relation to the relevant licence.

Note: See also subsections 33(3) and (3AA) of the Acts Interpretation Act 1901.