Transport Infrastructure (Public Marine Facilities) Regulation 2023
sec.38Show cause notices
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sec.38 Show cause notices
If the chief executive considers a ground exists to amend, suspend or cancel a boat harbour approval (the proposed action ), the chief executive may give the holder of the approval a written notice (a show cause notice ). The show cause notice must— state the proposed action; and state the grounds for the proposed action; and outline the facts and circumstances forming the basis for the grounds; and if the proposed action is to amend the approval—state the proposed amendment; and if the proposed action is to suspend the approval—state the proposed suspension period of not longer than 2 years; and state the holder may, within a stated period, make written representations to the chief executive to show why the proposed action should not be taken. For subsection (2) (f) , the stated period must end at least 28 days after the day the holder is given the show cause notice. The chief executive may, by written notice given to the holder, extend the period under subsection (2) (f) before or after the end of the period. (sec.38-ssec.1) If the chief executive considers a ground exists to amend, suspend or cancel a boat harbour approval (the proposed action ), the chief executive may give the holder of the approval a written notice (a show cause notice ). (sec.38-ssec.2) The show cause notice must— state the proposed action; and state the grounds for the proposed action; and outline the facts and circumstances forming the basis for the grounds; and if the proposed action is to amend the approval—state the proposed amendment; and if the proposed action is to suspend the approval—state the proposed suspension period of not longer than 2 years; and state the holder may, within a stated period, make written representations to the chief executive to show why the proposed action should not be taken. (sec.38-ssec.3) For subsection (2) (f) , the stated period must end at least 28 days after the day the holder is given the show cause notice. (sec.38-ssec.4) The chief executive may, by written notice given to the holder, extend the period under subsection (2) (f) before or after the end of the period.
- (a) state the proposed action; and
- (b) state the grounds for the proposed action; and
- (c) outline the facts and circumstances forming the basis for the grounds; and
- (d) if the proposed action is to amend the approval—state the proposed amendment; and
- (e) if the proposed action is to suspend the approval—state the proposed suspension period of not longer than 2 years; and
- (f) state the holder may, within a stated period, make written representations to the chief executive to show why the proposed action should not be taken.