Coastal Protection and Management Act 1995

Before amending, suspending or cancelling an allocation notice, the chief executive must give the allocation notice holder a written notice inviting the holder to show why the allocation notice should not be amended, suspended or cancelled (the proposed action).

The notice must state each of the following—

the proposed action;

the grounds for the proposed action;

the facts and circumstances forming the basis for the grounds;

if the proposed action is to amend the allocation notice—the proposed amendment;

if the proposed action is suspension of the allocation notice—the proposed suspension period;

that representations may be made about the notice;

how the representations may be made;

where the representations may be made or sent;

a period within which the representations must be made.

The stated period must end at least 10 business days after the notice is given.

If, after considering all representations made within the stated period, the chief executive still considers the proposed action should be taken, the chief executive may—

if the proposed action is to amend the allocation notice—amend the allocation notice; and

if the proposed action is to suspend the allocation notice—suspend the allocation notice for no longer than the proposed suspension period; and

if the proposed action is to cancel the allocation notice—cancel the allocation notice or suspend it for a period.

This section does not apply if the allocation is amended under section 84(1)(a).