106Cancellation, &c., of licence on conviction for offence

106 Cancellation, &c., of licence on conviction for offence

(1)  On conviction of a licensee for an offence against section 82 or section 92(4) which has resulted in a significant adverse impact on any other person or material environmental harm or serious environmental harm, a court may cancel the licence or suspend it for such period as it thinks fit.

(2)  [Section 106 Subsection (2) amended by No. 56 of 2008, s. 51, Applied:11 Feb 2009] If the demerit points allocated to a licence under Division 2 of Part 13 exceed the prescribed number, the Minister may, on giving 7 days' notice to the licensee of his or her intention to do so, cancel or suspend the licence in accordance with the regulations.

(3)  [Section 106 Subsection (3) amended by No. 56 of 2008, s. 51, Applied:11 Feb 2009] If –

(a) a licensee has been convicted of an offence under the EMPC Act; and

(b) the Minister is satisfied that the environment of the water resource to which the licence relates has been detrimentally affected by the offence –

the Minister may cancel, suspend or vary the licence on giving 7 days' notice to the licensee of his or her intention to do so.

(4)  [Section 106 Subsection (4) amended by No. 56 of 2008, s. 51, Applied:11 Feb 2009] The Minister may –

(a) suspend a licence where the licence fee payable under section 79 is not paid within 60 days after the due date; or

(b) cancel a licence where the licence fee payable under section 79 is not paid within 120 days after the due date –

on giving 7 days' notice to the licensee of his or her intention to do so.

(5)  [Section 106 Subsection (5) amended by No. 33 of 2015, s. 19, Applied:01 Jan 2016] Where the register of licences, water allocations and permits includes a notation that a person has a financial interest in a licence that has been cancelled, suspended or varied, the Minister must notify that person of the cancellation, variation or suspension at least 7 days before it takes effect.