Fisheries Act 1994

If the chief executive considers an authority (including the conditions stated in it) should be amended, the chief executive must give the holder of the authority a written notice (the show cause notice) that—

states the proposed amendment; and

states the reasons for the proposed amendment; and

outlines the facts and circumstances forming the basis of the reasons; and

invites the holder to show, within a stated time of at least 28 days, why the authority should not be amended.

The chief executive may amend the authority if, after considering all representations made within the stated time, the chief executive still considers the authority should be amended—

in the way mentioned in the show cause notice; or

in another way, having regard to the representations.

If the chief executive decides to amend the authority, the chief executive must give the holder of the authority an information notice for the decision.

Subsections (1) to (3) do not apply if the authority is amended only—

by omitting a condition if the omission does not adversely affect the holder’s interests; or

for a formal or clerical reason; or

in another way that does not adversely affect the holder’s interests; or

at the holder’s request under section 63A.

The chief executive may make an amendment of a type mentioned in subsection (4) by written notice given to the holder.

To remove any doubt, it is declared that—

a condition that may be imposed on an authority under section 61 when the authority is issued or renewed may be imposed on the authority by amendment; and

any requirements for imposing the condition under subdivision 3 apply for imposing the condition on the authority by amendment.

Compensation is not payable if an authority is amended, or anything previously permitted under the authority is prohibited or regulated.

However, subsection (7) does not prevent a regulation providing for payment of compensation.