FISHERIES ACT 1994 - SECT 63
Amendment of authority
FISHERIES ACT 1994 - SECT 63
Amendment of authority
63 Amendment of authority
(1) If the chief executive considers an authority (including the conditions
stated in it) should be amended, the chief executive must give the holder of
the authority a written notice (the
"show cause notice" ) that—
(a) states the proposed amendment; and
(b)
states the reasons for the proposed amendment; and
(c) outlines the facts and
circumstances forming the basis of the reasons; and
(d) invites the holder to
show, within a stated time of at least 28 days, why the authority should not
be amended.
(2) The chief executive may amend the authority if, after
considering all representations made within the stated time, the chief
executive still considers the authority should be amended—
(b) in another way, having regard to
the representations.
(3) If the chief executive decides to amend the
authority, the chief executive must give the holder of the authority an
information notice for the decision.
(4) Subsections (1) to (3) do not apply
if the authority is amended only—
(a) by omitting a condition if the
omission does not adversely affect the holder’s interests; or
(b) for a
formal or clerical reason; or
(c) in another way that does not adversely
affect the holder’s interests; or
(d) at the holder’s request.
(5) The
chief executive may make an amendment of a type mentioned in subsection (4) by
written notice given to the holder.
(6) To remove any doubt, any condition
that may be imposed on an authority when it is issued may be imposed on the
authority by amendment.
(7) Compensation is not payable if an authority is
amended, or anything previously permitted under the authority is prohibited or
regulated.
(8) However, subsection (7) does not prevent a regulation
providing for payment of compensation.