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Recreation Areas Management Act 2006
sec.63Other amendments (other than immediately)
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### sec.63 Other amendments (other than immediately)
The chief executive may amend a permit—
if the chief executive reasonably believes—
the permit was obtained because of incorrect or misleading information; or
the holder has contravened a condition of the permit; or
for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or
for a joint permission permit—a related permission for the permit has been, or is about to be—
amended to an extent that is no longer consistent with the permit; or
replaced with another permission that is not consistent with the permit; or
suspended or cancelled; or
the amendment is necessary having regard to the purpose of this Act; or
if the holder has failed to—
pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or
give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or
if the holder is convicted of an offence against this Act or the repealed Act; or
to secure the safety of a person or a person’s property; or
to conserve or protect the cultural or natural resources of the recreation area; or
if the permit relates to an area that has been declared as a restricted access area or an area closed to the public.
If the chief executive proposes to make the amendment and the address of the holder is shown on the permit, the chief executive must give the holder 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 representations, within a stated period, about why the proposed amendment should not be made.
If the permit is an organised event or commercial activity permit—
the notice must be in writing; and
the stated period must be at least 20 business days after the notice is given; and
the representations must be in writing.
The chief executive may amend the permit, if, after considering any representations made within the stated period, the chief executive still believes the amendment should be made—
in the way stated in the notice; or
in another way, having regard to the representations.
If the chief executive amends the permit, the chief executive must—
for a camping or vehicle access permit—advise the holder of the amendment; or
for an organised event or commercial activity permit—give the holder an information notice about the decision.
The amendment takes effect on the later of the following days—
the day when the advice or information notice is given to the holder;
the day of effect stated in the advice or information notice.
The effect of the amendment does not depend on the amendment being noted on the permit.
If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision—
for a camping or vehicle access permit—advise the holder of the decision; or
for an organised event or commercial activity permit—give the holder written notice of the decision.
s 63 amd 2014 No. 63 s 22
(sec.63-ssec.1) The chief executive may amend a permit— if the chief executive reasonably believes— the permit was obtained because of incorrect or misleading information; or the holder has contravened a condition of the permit; or for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or for a joint permission permit—a related permission for the permit has been, or is about to be— amended to an extent that is no longer consistent with the permit; or replaced with another permission that is not consistent with the permit; or suspended or cancelled; or the amendment is necessary having regard to the purpose of this Act; or if the holder has failed to— pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or if the holder is convicted of an offence against this Act or the repealed Act; or to secure the safety of a person or a person’s property; or to conserve or protect the cultural or natural resources of the recreation area; or if the permit relates to an area that has been declared as a restricted access area or an area closed to the public.
(sec.63-ssec.2) If the chief executive proposes to make the amendment and the address of the holder is shown on the permit, the chief executive must give the holder 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 representations, within a stated period, about why the proposed amendment should not be made.
(sec.63-ssec.3) If the permit is an organised event or commercial activity permit— the notice must be in writing; and the stated period must be at least 20 business days after the notice is given; and the representations must be in writing.
(sec.63-ssec.4) The chief executive may amend the permit, if, after considering any representations made within the stated period, the chief executive still believes the amendment should be made— in the way stated in the notice; or in another way, having regard to the representations.
(sec.63-ssec.5) If the chief executive amends the permit, the chief executive must— for a camping or vehicle access permit—advise the holder of the amendment; or for an organised event or commercial activity permit—give the holder an information notice about the decision.
(sec.63-ssec.6) The amendment takes effect on the later of the following days— the day when the advice or information notice is given to the holder; the day of effect stated in the advice or information notice.
(sec.63-ssec.7) The effect of the amendment does not depend on the amendment being noted on the permit.
(sec.63-ssec.8) If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision— for a camping or vehicle access permit—advise the holder of the decision; or for an organised event or commercial activity permit—give the holder written notice of the decision.
- (a) if the chief executive reasonably believes— (i) the permit was obtained because of incorrect or misleading information; or (ii) the holder has contravened a condition of the permit; or (iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or (iv) for a joint permission permit—a related permission for the permit has been, or is about to be— (A) amended to an extent that is no longer consistent with the permit; or (B) replaced with another permission that is not consistent with the permit; or (C) suspended or cancelled; or (v) the amendment is necessary having regard to the purpose of this Act; or
- (i) the permit was obtained because of incorrect or misleading information; or
- (ii) the holder has contravened a condition of the permit; or
- (iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or
- (iv) for a joint permission permit—a related permission for the permit has been, or is about to be— (A) amended to an extent that is no longer consistent with the permit; or (B) replaced with another permission that is not consistent with the permit; or (C) suspended or cancelled; or
- (A) amended to an extent that is no longer consistent with the permit; or
- (B) replaced with another permission that is not consistent with the permit; or
- (C) suspended or cancelled; or
- (v) the amendment is necessary having regard to the purpose of this Act; or
- (b) if the holder has failed to— (i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or (ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or
- (i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or
- (ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or
- (c) if the holder is convicted of an offence against this Act or the repealed Act; or
- (d) to secure the safety of a person or a person’s property; or
- (e) to conserve or protect the cultural or natural resources of the recreation area; or
- (f) if the permit relates to an area that has been declared as a restricted access area or an area closed to the public.
- (i) the permit was obtained because of incorrect or misleading information; or
- (ii) the holder has contravened a condition of the permit; or
- (iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or
- (iv) for a joint permission permit—a related permission for the permit has been, or is about to be— (A) amended to an extent that is no longer consistent with the permit; or (B) replaced with another permission that is not consistent with the permit; or (C) suspended or cancelled; or
- (A) amended to an extent that is no longer consistent with the permit; or
- (B) replaced with another permission that is not consistent with the permit; or
- (C) suspended or cancelled; or
- (v) the amendment is necessary having regard to the purpose of this Act; or
- (A) amended to an extent that is no longer consistent with the permit; or
- (B) replaced with another permission that is not consistent with the permit; or
- (C) suspended or cancelled; or
- (i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or
- (ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or
- (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 representations, within a stated period, about why the proposed amendment should not be made.
- (a) the notice must be in writing; and
- (b) the stated period must be at least 20 business days after the notice is given; and
- (c) the representations must be in writing.
- (a) in the way stated in the notice; or
- (b) in another way, having regard to the representations.
- (a) for a camping or vehicle access permit—advise the holder of the amendment; or
- (b) for an organised event or commercial activity permit—give the holder an information notice about the decision.
- (a) the day when the advice or information notice is given to the holder;
- (b) the day of effect stated in the advice or information notice.
- (a) for a camping or vehicle access permit—advise the holder of the decision; or
- (b) for an organised event or commercial activity permit—give the holder written notice of the decision.