259Suspension or cancellation of licence

259 Suspension or cancellation of licence

(1)  Where demerit points are allocated to a licence, the regulations may provide for a licence to be suspended or cancelled during a period prescribed by the regulations.

(2)  The regulations may also provide that, if a licence is suspended on a specified number of occasions, the licence is taken to be cancelled.

(3)  The Secretary must, by notice in writing served on the holder of a licence, notify the holder of the date on which the licence is suspended or cancelled and of any application made under subsection (4) .

(4)  A person may make written application to the Minister for an alteration of the date on which a licence is suspended or cancelled under subsection (3) .

(5)  An application under subsection (4)  –

(a) is to be in an approved form; and

(b) is to contain such information as the Minister may require to consider the application.

(6)  The Minister may approve an application made under subsection (4) where he or she is of the opinion that the approval –

(a) is necessary to avoid a serious adverse effect on the applicant; and

(b) is not likely to cause a significant adverse effect on other persons holding a right to take water under this Act.

(7)  An approval under subsection (6)  –

(a) is to be for no longer than 6 months after the date specified in subsection (3) ; and

(b) [Section 259 Subsection (7) amended by No. 56 of 2008, s. 112, Applied:11 Feb 2009] may be subject to such conditions as the Minister thinks fit.

(8)  Where the date of suspension or cancellation of a licence is extended by an approval under subsection (6) , the licence or a water allocation of the licence may not be transferred under of during the extended period.