Water (Recreational Area) Regulations 2023
20Cancellation or variation of permit by a managing Authority with notice
Start here
Get a plain-English read of 20
Turn the raw legal text into a practical explanation grounded in Water (Recreational Area) Regulations 2023.
20 Cancellation or variation of permit by a managing Authority with notice
(1) The managing Authority of a recreational area, on its own initiative, may vary or cancel a permit issued by that managing Authority under these Regulations if—
(a) the holder of the permit has—
(i) contravened the conditions of the permit; or
(ii) contravened these Regulations; or
(b) entry into and use of the recreational area for the purpose and period specified in the permit is detrimental to, or likely to interfere with, any of the following—
(i) the management of the recreational area;
(ii) the protection of water quality in any waterway in the recreational area;
(iii) the protection of Aboriginal cultural heritage or Aboriginal intangible heritage in the recreational area;
(iv) the protection of heritage features in the recreational area;
(v) the maintenance or protection of infrastructure in the recreational area;
(vi) the natural environment or features of the recreational area;
(vii) visitors to the recreational area; or
(c) the managing Authority considers the variation or cancellation appropriate for the purposes of managing the recreational area in accordance with the management plan for the recreational area.
(2) Before varying or cancelling a permit under subregulation (1), a managing Authority must—
(a) give written notice of the proposal to vary or cancel the permit to the holder of that permit; and
(b) allow the holder of the permit an opportunity to make either oral or written submissions about the proposed variation or cancellation within the period specified in the notice; and
(c) have regard to any submission made by the holder of the permit within the period specified in the notice.
(3) For the purposes of subregulation (2)(b), the specified period must not be less than 14 days after the date the notice is given to the permit holder.
(4) Within 7 days after determining to vary or cancel a permit under this regulation, a managing Authority must give written notice of the determination to the holder of that permit.
(5) The variation or cancellation of a permit under this regulation comes into effect on the date specified in the notice of the determination.