Transport Infrastructure (Public Marine Facilities) Regulation 2023
sec.41Decision on proposed action
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sec.41 Decision on proposed action
If, after considering any representations made within the show cause period, the chief executive still considers a ground exists to take the proposed action, the chief executive may— if the proposed action is to amend the boat harbour approval— amend the approval in the way stated in the show cause notice; or amend the approval in another way the chief executive considers appropriate having regard to the representations; or if the proposed action is to suspend the approval— suspend the approval for a period not longer than the suspension period stated in the show cause notice; or amend the approval in a way the chief executive considers appropriate having regard to the representations; or if the proposed action is to cancel the approval— cancel the approval; or suspend the approval for a period of not longer than 2 years; or amend the approval in a way the chief executive considers appropriate having regard to the representations. If the chief executive decides to act under subsection (1) , the chief executive must give the holder of the boat harbour approval— written notice of the decision; and an information notice for the decision. The decision takes effect on the later of the following days— the day written notice of the decision is given to the holder; if a later day is stated in the written notice—the later day. (sec.41-ssec.1) If, after considering any representations made within the show cause period, the chief executive still considers a ground exists to take the proposed action, the chief executive may— if the proposed action is to amend the boat harbour approval— amend the approval in the way stated in the show cause notice; or amend the approval in another way the chief executive considers appropriate having regard to the representations; or if the proposed action is to suspend the approval— suspend the approval for a period not longer than the suspension period stated in the show cause notice; or amend the approval in a way the chief executive considers appropriate having regard to the representations; or if the proposed action is to cancel the approval— cancel the approval; or suspend the approval for a period of not longer than 2 years; or amend the approval in a way the chief executive considers appropriate having regard to the representations. (sec.41-ssec.2) If the chief executive decides to act under subsection (1) , the chief executive must give the holder of the boat harbour approval— written notice of the decision; and an information notice for the decision. (sec.41-ssec.3) The decision takes effect on the later of the following days— the day written notice of the decision is given to the holder; if a later day is stated in the written notice—the later day.
- (a) if the proposed action is to amend the boat harbour approval— (i) amend the approval in the way stated in the show cause notice; or (ii) amend the approval in another way the chief executive considers appropriate having regard to the representations; or