116Conditions of special licences

116 Conditions of special licences

(1)  Except as provided by this Division and without derogating from a condition imposed under section 115 , a special licence is subject to such conditions as may be agreed by the Minister and the special licensee.

(2)  The conditions of a special licence may be varied only in accordance with this Division.

(3)  [Section 116 Subsection (3) amended by No. 9 of 2011, Sched. 1, Applied:01 Oct 2012] Subject to subsection (4) , the Minister may, by notice in writing given to a special licensee, vary a condition to which the licence is subject –

(a) with the agreement of the special licensee; or

(b) without that agreement, if the Advisory Committee so recommends –

but the variation is not to take effect until there is an agreement as to any compensation payable or the amount of compensation is referred to arbitration in accordance with the Commercial Arbitration Act 2011 .

(4)  Where a variation proposed under subsection (3) may have an adverse effect on another special licence, the Minister must consult with the other special licensee before making the variation.

(5)  If the Minister varies a condition of a special licence that requires a consequential variation to another special licence or results in a variation of a condition of that other licence, the resultant variation is taken to be a variation under subsection (3) .