New South Wales Consolidated Regulations

MANAGEMENT OF WATERS AND WATERSIDE LANDS REGULATIONS--N.S.W. - REG 45

45 Termination of occupation licence

(1) The Board may terminate any occupation licence:

(a) where it considers it desirable in the public interest that the licence should be terminated,

(b) where, in the case of a class 1, class 2 or class 3 licence, the holder of the licence ceases to control the vessel in respect of which the licence was issued,

(c) where for a period of at least 14 days any mooring apparatus to which a floating object, or apparatus or vessel is directed or approved to be secured pursuant to these Regulations:

(i) has been wholly submerged or sunk or broken, or become so dilapidated as to constitute, in the opinion of an officer of the Board, a danger to vessels or persons, or

(ii) has not occupied the location which an officer of the Board has directed or approved unless authority for the temporary removal of the mooring apparatus has been given by an officer of the Board,

(d) where by reason of a contravention of the provisions of Regulation 34 or 48 of these Regulations, the holder thereof is guilty of an offence under these Regulations,

(e) in the case of a class 1, class 2 or class 3 licence, where the Board reasonably believes that the holder of the licence, expressly or by implication:

(i) invited an offer to purchase, or

(ii) made an offer to sell,

for money or some other benefit, a right to use a mooring or site in respect of which the licence was issued or a transfer of the licence, whether the invitation or offer was made by written or broadcast advertisement or otherwise, or

(f) in the case of a class 1, class 2 or class 3 licence, where the Board reasonably believes that the holder of the licence paid money or gave some other benefit for the transfer of the licence to him or her (otherwise than by paying the transfer fee or licence fee), or

(g) where, in the case of a licence other than an initial licence, the Board has not received the licence fee within 30 days after the date of expiration of the licensee’s last previous licence.

(2) Prior to the Board making a final decision to terminate an occupation licence, the Board must allow the holder of the licence at least 14 days within which to show cause why the licence should not be terminated.