Transport Operations (Marine Pollution) Regulation 2018
sec.76Procedure for amending, suspending or cancelling approvals
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sec.76 Procedure for amending, suspending or cancelling approvals
This section applies if the general manager considers there is a ground to amend, suspend or cancel an approval (the proposed action ). Before taking the proposed action, the general manager 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 that are the basis of the grounds; and if the proposed action is suspension of the approval, the proposed suspension period; and that the approval holder may show, within a stated reasonable time of at least 30 days after the notice is given, why the proposed action should not be taken. The general manager must consider all representations made in the stated time and decide whether there is a ground to take the proposed action. If satisfied there is a ground, the general manager 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 general manager must give the approval holder written notice of the decision. If the general manager decides to amend, suspend or cancel the approval, the notice must state— the reasons for the decision; and that the approval holder may apply for a review of the general manager’s decision under part 13B of the Act . The decision takes effect on the day the notice is given to the approval holder or, if a later day is stated in the notice, the later day. (sec.76-ssec.1) This section applies if the general manager considers there is a ground to amend, suspend or cancel an approval (the proposed action ). (sec.76-ssec.2) Before taking the proposed action, the general manager 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 that are the basis of the grounds; and if the proposed action is suspension of the approval, the proposed suspension period; and that the approval holder may show, within a stated reasonable time of at least 30 days after the notice is given, why the proposed action should not be taken. (sec.76-ssec.3) The general manager must consider all representations made in the stated time and decide whether there is a ground to take the proposed action. (sec.76-ssec.4) If satisfied there is a ground, the general manager 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.76-ssec.5) The general manager must give the approval holder written notice of the decision. (sec.76-ssec.6) If the general manager decides to amend, suspend or cancel the approval, the notice must state— the reasons for the decision; and that the approval holder may apply for a review of the general manager’s decision under part 13B of the Act . (sec.76-ssec.7) The decision takes effect on the day the notice is given to the approval holder or, if a later day is stated in the notice, the later day.