sec.91Amending commercial activity agreements (other than immediately)

### sec.91 Amending commercial activity agreements (other than immediately) The chief executive may amend a commercial activity agreement other than immediately— if the chief executive reasonably believes— the agreement was obtained because of incorrect or misleading information; or the other party to the agreement has contravened a condition of the agreement; or the other party to the agreement is no longer a suitable person to be a party to the agreement; or the amendment is necessary having regard to the purpose of this Act; or if the other party to the agreement is convicted of an offence against this Act or the repealed Act; or to secure the safety of a person or a person’s property; or to conserve or protect the cultural or natural resources of the recreation area to which the agreement applies; or if the agreement relates to an area that has been declared as a restricted access area or an area closed to the public. If the chief executive decides to make the amendment, the chief executive may give the other party to the agreement a written 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 written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made. The chief executive may amend the agreement, 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 agreement, the chief executive must give the other party an information notice about the decision. The amendment takes effect on the later of the following days— the day when the information notice is given to the other party; the day of effect stated in the information notice. The effect of the amendment does not depend on the amendment being noted on the agreement. If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the other party written notice of the decision. (sec.91-ssec.1) The chief executive may amend a commercial activity agreement other than immediately— if the chief executive reasonably believes— the agreement was obtained because of incorrect or misleading information; or the other party to the agreement has contravened a condition of the agreement; or the other party to the agreement is no longer a suitable person to be a party to the agreement; or the amendment is necessary having regard to the purpose of this Act; or if the other party to the agreement 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 to which the agreement applies; or if the agreement relates to an area that has been declared as a restricted access area or an area closed to the public. (sec.91-ssec.2) If the chief executive decides to make the amendment, the chief executive may give the other party to the agreement a written 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 written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made. (sec.91-ssec.3) The chief executive may amend the agreement, 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.91-ssec.4) If the chief executive amends the agreement, the chief executive must give the other party an information notice about the decision. (sec.91-ssec.5) The amendment takes effect on the later of the following days— the day when the information notice is given to the other party; the day of effect stated in the information notice. (sec.91-ssec.6) The effect of the amendment does not depend on the amendment being noted on the agreement. (sec.91-ssec.7) If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the other party written notice of the decision. - (a) if the chief executive reasonably believes— (i) the agreement was obtained because of incorrect or misleading information; or (ii) the other party to the agreement has contravened a condition of the agreement; or (iii) the other party to the agreement is no longer a suitable person to be a party to the agreement; or (iv) the amendment is necessary having regard to the purpose of this Act; or - (i) the agreement was obtained because of incorrect or misleading information; or - (ii) the other party to the agreement has contravened a condition of the agreement; or - (iii) the other party to the agreement is no longer a suitable person to be a party to the agreement; or - (iv) the amendment is necessary having regard to the purpose of this Act; or - (b) if the other party to the agreement is convicted of an offence against this Act or the repealed Act; or - (c) to secure the safety of a person or a person’s property; or - (d) to conserve or protect the cultural or natural resources of the recreation area to which the agreement applies; or - (e) if the agreement relates to an area that has been declared as a restricted access area or an area closed to the public. - (i) the agreement was obtained because of incorrect or misleading information; or - (ii) the other party to the agreement has contravened a condition of the agreement; or - (iii) the other party to the agreement is no longer a suitable person to be a party to the agreement; or - (iv) the amendment is necessary having regard to the purpose of this Act; 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 written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made. - (a) in the way stated in the notice; or - (b) in another way, having regard to the representations. - (a) the day when the information notice is given to the other party; - (b) the day of effect stated in the information notice.