Other amendments (other than immediately)
63 Other amendments (other than immediately)
The chief executive may amend a permit—
if an activity to which the permit applies is declared, after the grant of the permit, to be a prescribed commercial activity; or
if the chief executive reasonably believes—
for a permit that is part of a single integrated permission—a related permission for the permit has been, or is about to be—
amended to an extent that is no longer consistent with the permit; or
replaced with another permit or permission that is not consistent with the permit; or
suspended or cancelled; or
for a permit that is part of a GBR region permit—a permission under a GBR region Act forming part of the permit has been, or is about to be—
amended to an extent that is no longer consistent with the permit; or
replaced with another permission that is not consistent with the permit; or
suspended or cancelled; or
the amendment is necessary to ensure fair and equitable access to the recreation area to which the permit applies; or
the amendment is otherwise necessary, having regard to—
the purpose of, or a requirement under, this Act; or
if the permit is part of a single integrated permission or GBR region permit—a requirement under a related Act; or
to ensure the health or safety of a person or protect a person’s property; or
to conserve or protect the cultural or natural resources of the recreation area; or
if the permit relates to an area that has been declared as a restricted access area or an area closed to the public.
If the chief executive proposes to make the amendment and the address of the holder is shown on the permit, the chief executive must give the holder a notice stating each of the following—
the proposed amendment;
the ground for the proposed amendment;
an outline of the facts and circumstances forming the basis for the ground;
an invitation to make representations, within a stated period, about why the proposed amendment should not be made.
If the permit is an organised event or commercial activity permit—
the notice must be in writing; and
the stated period must be at least 20 business days after the notice is given; and
the representations must be in writing.
The chief executive may amend the permit, if, after considering any representations made within the stated period, the chief executive still believes the amendment should be made—
in the way stated in the notice; or
in another way, having regard to the representations.
If the chief executive amends the permit, the chief executive must—
for a camping or vehicle access permit—advise the holder of the amendment; or
for an organised event or commercial activity permit—give the holder an information notice about the decision.
The amendment takes effect on the later of the following days—
the day when the advice or information notice is given to the holder;
the day of effect stated in the advice or information notice.
The effect of the amendment does not depend on the amendment being noted on the permit.
If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision—
for a camping or vehicle access permit—advise the holder of the decision; or
for an organised event or commercial activity permit—give the holder written notice of the decision.
This Act’s bill:Explanatory memorandum
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