Queensland Consolidated Acts Queensland Consolidated Acts(1) If the chief executive considers a ground exists to amend, suspend or cancel an approval, (the proposed action), the chief executive must give the holder written notice--
(a) stating the proposed action; and
(b) stating the ground for the proposed action; and
(c) outlining the facts and circumstances forming the basis for the ground; and
(d) if the proposed action is to amend the approval (including a condition of the approval)--stating the proposed amendment; and
(e) if the proposed action is to suspend the approval--stating the proposed suspension period; and
(f) inviting the holder to show (within a stated time of at least 28 days) why the proposed action should not be taken.
(2) If, after considering all written representations made within the stated time, the chief executive still considers a ground exists to take the proposed action, the chief executive may--
(a) if the proposed action was to amend the approval--amend the approval; or
(b) if the proposed action was to suspend the approval--suspend the approval for no longer than the period stated in the notice; or
(c) if the proposed action was to cancel the approval--
(i) amend the approval; or
(ii) suspend the approval for a period, including on the condition that--
(A) if the grounds for taking action under this section are capable of being remedied by the holder, the holder remedy the grounds to the chief executive's reasonable satisfaction within a reasonable time before the suspension period ends; and
(B) if the holder fails to remedy the grounds in accordance with subparagraph (A), the chief executive may cancel the approval under section 19A; or
(iii) cancel the approval.
(3) The chief executive must inform the holder of the decision by written notice.
(4) If the chief executive decides to amend, suspend or cancel the approval, the notice must state--
(a) the reasons for the decision; and
(b) if the approval is suspended on the condition mentioned in subsection (2)(c)(ii), the approval may be cancelled under section 19A if the holder fails to comply with the condition; and
(c) that the holder may--
(i) under section 65--ask for the decision to be reviewed and appeal against the reviewed decision; and
(ii) under the Transport Planning and Coordination Act 1994, part 5--ask for the decision or the reviewed decision to be stayed.
(5) The decision takes effect on the later of the following--
(a) the day the notice is given to the holder;
(b) the day stated in the notice.
(6) However, despite subsection (1), if the chief executive considers it necessary in the public interest, the chief executive may, by written notice given to the holder, immediately suspend the approval until the earliest of the following--
(a) the chief executive informs the holder of the chief executive's decision by notice under subsection (3), given after complying with subsections (1) and (2);
(b) the end of 56 days after the day the notice under this subsection is given to the holder.
(7) If the chief executive immediately suspends the approval, the notice must state--
(a) the reasons for the decision; and
(b) that the holder may--
(i) under section 65--ask for the decision to be reviewed and appeal against the reviewed decision; and
(ii) under the Transport Planning and Coordination Act 1994, part 5--ask for the decision or the reviewed decision to be stayed.
(8) Subsections (1) to (7) do not apply--
(a) if the chief executive proposes to amend the approval only--
(i) for a formal or clerical reason; or
(ii) in another way that does not adversely affect the holder's interests; or
(b) if the holder asks the chief executive to amend or cancel the approval and the chief executive proposes to give effect to the request.
(9) The chief executive may amend or cancel an approval under subsection (8) by written notice given to the holder.