78Suspension and cancellation of access licences

#### 78 Suspension and cancellation of access licences 78 Suspension and cancellation of access licences > > (1A) The Minister may suspend or cancel an access licence by written notice to the licence holder. > > > (1) The Minister may suspend or cancel an access licence on any one or more of the following grounds— > > > > > (a) the Minister reasonably believes the holder of the licence has failed to comply with any term or condition to which the licence is subject, > > > > > (b) that the holder of the licence has been convicted of an offence against this Act or the regulations, > > > > > (b1) the Minister reasonably believes the holder of the licence has contravened a provision of this Act or the regulations, > > > > > (c) if any fees, charges or administrative penalties in respect of the licence have not been paid, whether or not those fees, charges or administrative penalties were incurred by the current holder of the licence, > > > > > (d) that the holder of the licence has failed to comply with any direction given to the holder under this Act in connection with the licence, > > > > > (e) that the licence 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 access licence, the Minister may order a major utility or local water utility to pay to the Minister an administrative penalty of an amount not exceeding $500,000 and a further administrative penalty of an amount not exceeding $20,000 for each day that the circumstances giving rise to the initial administrative penalty continue to exist. > > > (2A) An access licence may be suspended— > > > > > (a) for the period of time specified in the notice under subsection (1A), or > > > > > (b) until the holder of the licence takes the action specified in the notice under subsection (1A). > > > (3) During any period of suspension of an access licence— > > > > > (a) the holder of the licence is not authorised by the licence to order or take any water credited to the water allocation account for the licence, and > > > > > (b) the holder of the licence is not entitled to apply for the registration of any dealing with respect to the licence, and > > > > > (c) appropriate water allocations continue to accrue to the water allocation account for the licence, and > > > > > (d) fees and charges payable under this Act in respect of the licence will continue to apply. > > > (4) When an access licence is cancelled, the following are forfeited to the Crown— > > > > > (a) the water allocation for the licence, > > > > > (b) water credited to the water allocation account for the licence. > > 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 78:** Am 2002 No 138, Sch 2 \[21\]; 2004 No 39, Sch 4 \[17\]–\[19\]; 2005 No 118, Sch 1 \[31\]; 2008 No 73, Sch 6 \[13\] \[14\]; 2010 No 133, Sch 2 \[26\]; 2017 No 64, sec 19; 2025 No 70, Sch 3\[25\]–\[33\].