LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 83 Variation of licence
LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 83
Variation of licence
(1) The Secretary may, at any time, vary a licence by notice to the holder of the licence.(2) The variation of a licence under subsection (1) may be made (a) on the application of the holder of the licence; or(b) on the Secretarys own initiative.(3) The Secretary must not vary a licence under subsection (1) if (a) varying the licence will contravene a management plan; or(b) varying the licence will contravene a marine farming development plan under the Marine Farming Planning Act 1995 ; or(c) varying the licence will, if it includes matters provided for under a deed of agreement, be inconsistent with that deed of agreement; or(d) there are environmental or resource constraints on varying the licence.(4) The Secretary may defer a decision on an application under subsection (2)(a) pending the determination or discontinuation of any proceedings against the applicant for an offence against (a) this Act; or(b) any other Act that the Secretary thinks is relevant to the making of that decision; or(c) a corresponding law.(5) If the Secretary varies a licence, the Secretary (a) may require the holder to return the previously issued licence; and(b) is to issue a substitute licence.(6) A variation of a licence takes effect on the day on which the substitute licence is issued.(7) In this section vary a licence includes vary the conditions of the licence by doing one or more of the following:(a) omitting an existing condition;(b) amending an existing condition;(c) adding a new condition.