109Suspension and cancellation of approvals

#### 109 Suspension and cancellation of approvals 109 Suspension and cancellation of approvals > > (1A) The Minister may suspend or cancel an approval, or part of an approval, by written notice to the holder of the approval. > > > (1) The Minister may suspend or cancel an approval (or any part of an approval) on any one or more of the following grounds— > > > > > (a) the Minister reasonably believes the holder of the approval has failed to comply with any term or condition to which the approval is subject, > > > > > (b) that the holder of the approval has been convicted of an offence against— > > > > > > > (i) this Act or the regulations, or > > > > > > > (ii) the [Plumbing and Drainage Act 2011](/view/html/inforce/current/act-2011-059) or the regulations under that Act, > > > > > (b1) the Minister reasonably believes the holder of the approval has contravened a provision of this Act or the regulations, > > > > > (c) that the holder of the approval has failed to make due payment with respect to any fee or charge that is payable under this Act in relation to the approval, > > > > > (c1) in the case of an approval granted in relation to a water supply work, if— > > > > > > > (i) the holder of the approval is also the holder of an access licence for which the water supply work has been nominated under section 71W (Access licence may nominate water supply works), and > > > > > > > (ii) the holder of the access licence has failed to make due payment with respect to any fees, charges or administrative penalties that are payable in respect of the licence (whether or not those fees, charges or administrative penalties were incurred by the current holder of the approval), > > > > > (c2) in the case of an approval granted in relation to a water supply work referred to in section 104 (3), if— > > > > > > > (i) the holder of the approval cannot, on the written request of the Minister, demonstrate that the water bore the subject of the approval is being maintained in accordance with the conditions of the approval, or > > > > > > > (ii) the water bore has been decommissioned, > > > > > (d) in the case of an approval granted in relation to a water management work, the holder of the approval has failed to comply with any direction given to the holder under this Act in connection with the work, > > > > > (e) that the approval was granted as a result of false, misleading or materially inaccurate information supplied by or on behalf of the applicant. > > > (2) Instead of or in addition to suspending or cancelling an approval, the Minister may order a major utility to pay to the Minister an administrative penalty not exceeding $500,000 and, in the case of a continuing offence, a further penalty not exceeding $20,000 for each day for which the offence continues. > > > (2A) If the Minister suspends or cancels a part of an approval, the Minister may amend the approval so as to give effect to that suspension or cancellation. > > > (2B) An approval may be suspended— > > > > > (a) for the period of time specified in the notice under subsection (1A), or > > > > > (b) until the holder of the approval takes the action specified in the notice under subsection (1A). > > > (3) Action under this section may not be taken in relation to an approval unless the Minister— > > > > > (a) has given written notice to the holder of the approval that the Minister proposes to take such action, and > > > > > (b) has given the holder of the approval a reasonable opportunity to make submissions to the Minister with respect to the proposed action, and > > > > > (c) has taken any such submissions into consideration. > > > (4) If the Minister fails to give notice to the holder of an approval before taking action under this section, the Minister is taken to have complied with subsection (3) (a)–(c) in relation to that holder if the Minister took all reasonable steps to give notice under subsection (3) to the holder within the period of 28 days before taking the action. > > > (5) While an approval is suspended, an application must not be made for another approval for the same work or activity. > > Note. > > See also section 11 (1) (e) of the [Natural Resources Access Regulator Act 2017](/view/html/inforce/current/act-2017-064) and Schedule 2 to that Act. > > **s 109:** Am 2002 No 138, Sch 3 \[12\]; 2004 No 39, Sch 4 \[36\]; 2008 No 73, Sch 6 \[16\] \[17\]; 2010 No 133, Sch 2 \[45\]; 2011 No 59, Sch 2.16 \[1\]; 2014 No 48, Sch 1.10 \[20\] \[21\]; 2017 No 64, sec 19; 2018 No 31, Sch 1 \[54\]; 2025 No 70, Sch 3\[63\]–\[69\].