New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 79

79 Suspension or revocation of licence by appropriate regulatory authority

(1) The appropriate regulatory authority may suspend or revoke a licence during its currency.

(2) A suspension or revocation of a licence is effected by notice in writing given to the holder of the licence.

(3) A suspension may be for a specified period, or until the fulfilment of specified conditions, or until further order of the appropriate regulatory authority.

(3A) A licence may be revoked during the currency of a suspension.

(4) The appropriate regulatory authority must not suspend or revoke a licence unless before doing so:

(a) it has given notice to the holder of the licence that it intends to do so, and

(b) it has specified in that notice the reasons for its intention to do so, and

(c) it has given the holder of the licence a reasonable opportunity to make submissions in relation to the proposed revocation or suspension, and

(d) it has taken into consideration any such submissions by the holder of the licence.

(5) The reasons for suspending or revoking a licence may include (but are not limited to) the following:

(a) the holder of the licence has obtained the licence improperly,

(b) a condition of the licence has been contravened,

(c) the scheduled development work to which the licence relates has not been commenced or completed and the appropriate regulatory authority is of the opinion that it is no longer appropriate that the work be carried out or completed,

(d) the activities covered by the licence are completed or no longer being carried on,

(e) the holder has failed to pay the annual licence fee by the due date for its payment,

(e1) the holder is liable to pay a contribution in respect of waste under section 88 and has failed to pay the contribution by the due date for its payment,

(f) in the opinion of the appropriate regulatory authority, the holder of the licence is no longer a fit and proper person (as referred to in section 83).

(6) No fees are refundable on the suspension or revocation of a licence.