sec.25Procedure for amending, suspending or cancelling

sec.25 Procedure for amending, suspending or cancelling

This section applies if the administering agency for regulated waters considers there is a ground to amend, suspend or cancel an approval holder’s approval (the proposed action ). Before taking the proposed action, the administering agency must give the approval holder a written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension of the approval—the proposed suspension period; and an invitation to the approval holder to show, within a stated time, of at least 14 days after the notice is given, why the proposed action should not be taken. If, after considering all written representations made within the stated time, the administering agency still considers a ground to take the proposed action exists, the administering agency may— if the proposed action was to amend the approval—amend the approval; or if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or if the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it. The administering agency must inform the approval holder of the decision by giving the approval holder written notice. If the administering agency decides to amend, suspend or cancel the approval, the notice must state— the reasons for the decision; and the prescribed review information for the decision. The decision takes effect on the later of the following— the day the notice is given to the approval holder; or the day of effect stated in the notice. However, if the approval is suspended or cancelled because of the conviction of a person for an offence— the suspension or cancellation does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided; and the suspension or cancellation has no effect if the conviction is quashed on appeal. (sec.25-ssec.1) This section applies if the administering agency for regulated waters considers there is a ground to amend, suspend or cancel an approval holder’s approval (the proposed action ). (sec.25-ssec.2) Before taking the proposed action, the administering agency must give the approval holder a written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension of the approval—the proposed suspension period; and an invitation to the approval holder to show, within a stated time, of at least 14 days after the notice is given, why the proposed action should not be taken. (sec.25-ssec.3) If, after considering all written representations made within the stated time, the administering agency still considers a ground to take the proposed action exists, the administering agency may— if the proposed action was to amend the approval—amend the approval; or if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or if the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it. (sec.25-ssec.4) The administering agency must inform the approval holder of the decision by giving the approval holder written notice. (sec.25-ssec.5) If the administering agency decides to amend, suspend or cancel the approval, the notice must state— the reasons for the decision; and the prescribed review information for the decision. (sec.25-ssec.6) The decision takes effect on the later of the following— the day the notice is given to the approval holder; or the day of effect stated in the notice. (sec.25-ssec.7) However, if the approval is suspended or cancelled because of the conviction of a person for an offence— the suspension or cancellation does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided; and the suspension or cancellation has no effect if the conviction is quashed on appeal.