Commonwealth Consolidated Acts

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SEA INSTALLATIONS ACT 1987 - SECT 28

Variation of permit

             (1)  Subject to this Act, the Minister may vary a permit where the Minister considers it necessary or desirable to do so.

             (2)  Subject to this Act, the Minister may vary, or refuse to vary, a permit where the holder of the permit has made an application under section 31 for the variation.

             (3)  Where a natural person who is the holder of a permit dies, the Minister shall vary the permit by substituting for that holder the holder's legal personal representative.

             (4)  Subject to section 10, where:

                     (a)  the owner of a sea installation and the operator of that installation hold in common a permit to operate that installation; and

                     (b)  the operator of the installation is convicted of an offence against a provision of this Act or of the regulations but the owner of the installation is not convicted of such an offence;

the Minister may vary the permit so as to make the owner of the installation the sole holder of the permit.

             (5)  Where a person who is a holder of a permit for a sea installation because of being an operator of the installation ceases to be such an operator, the Minister shall vary the permit so that the person ceases to be a holder of it.

             (6)  Where a person becomes the operator of a sea installation in respect of which a permit is in force, the Minister shall vary the permit so that the owner and the person become holders in common of the permit.

             (7)  Subject to subsections (3), (4), (5) and (6), the Minister shall not vary a permit so that a person becomes, or ceases to be, a holder of the permit.



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