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reg 16AC

Revocation of noise management plan for motor sport venue

In force

16AC Revocation of noise management plan for motor sport venue

(1)

An approved noise management plan for a motor sport venue ceases to have effect if approval of the plan is revoked under this regulation.

(2)

The CEO may revoke the approval of a noise management plan for a motor sport venue by written notice given to the occupier of the venue.

(3)

The grounds for revocation of a noise management plan for a motor sport venue are that the CEO is satisfied that —

(a)

there has been a breach of a measure, other than an ancillary measure, in the plan; or

(b)

there has been a breach of a condition imposed by the CEO under regulation 16AA(5)(a); or

(c)

information contained in the plan, or contained in or supporting the application for approval of the plan, was false or misleading in a material respect; or

(d)

the noise emissions from the venue have increased during the period the noise management plan has been in effect.

(4)

The CEO, before exercising the power of revocation under subregulation (2), must —

(a)

give the occupier of the motor sport venue a reasonable opportunity to show cause in writing why that power should not be exercised; and

(b)

give the persons referred to in regulation 16AA(4)(a) a reasonable opportunity to make a submission on whether or not that power should be exercised.

(5)

An opportunity is not a reasonable opportunity for the purposes of subregulation (4) unless the relevant person is informed of the right to show cause or make a submission under that subregulation not less than 90 days before the day on which the CEO exercises the power in question.

[Regulation 16AC inserted: Gazette 5 Dec 2013 p. 5678‑9.]

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