WATER MANAGEMENT ACT 1999 - SECT 106 Cancellation, &c., of licence on conviction for offence
WATER MANAGEMENT ACT 1999 - SECT 106
Division 5 - Breach of licence Cancellation, &c., of licence on conviction for offence
(1) On conviction of a licensee for an offence against section 82 or section 92(4) which has resulted in a significant adverse impact on any other person or material environmental harm or serious environmental harm, a court may cancel the licence or suspend it for such period as it thinks fit.(2) If the demerit points allocated to a licence under Division 2 of Part 13 exceed the prescribed number, the Minister may, on giving 7 days' notice to the licensee of his or her intention to do so, cancel or suspend the licence in accordance with the regulations.(3) If the Minister may cancel, suspend or vary the licence on giving 7 days' notice to the licensee of his or her intention to do so.(a) a licensee has been convicted of an offence under the EMPC Act; and(b) the Minister is satisfied that the environment of the water resource to which the licence relates has been detrimentally affected by the offence (4) The Minister may on giving 7 days' notice to the licensee of his or her intention to do so.(a) suspend a licence where the licence fee payable under section 79 is not paid within 60 days after the due date; or(b) cancel a licence where the licence fee payable under section 79 is not paid within 120 days after the due date (5) Where the register of licences, water allocations and permits includes a notation that a person has a financial interest in a licence that has been cancelled, suspended or varied, the Minister must notify that person of the cancellation, variation or suspension at least 7 days before it takes effect.(6) Where a suspension or cancellation is proposed under subsection (4) , the notice is to specify a period of 30 days during which a person having a financial interest in the licence may pay the outstanding licence fee, in which case the proposed suspension or cancellation will have no effect.(7) Where a cancellation or suspension for a period exceeding 30 days the notice is to specify a period of 30 days during which a person having a financial interest in the licence or a water allocation of the licence may apply to the Minister for approval to transfer the licence or the relevant water allocation under Division 4 on such conditions as the Minister may require for the purposes of this Part.(a) has been imposed under subsection (1) ; or(b) is proposed under subsection (2) or (3) (8) A notice required to be given to a person under subsection (2) , (3) , (4) or (5) may be given to the person in writing or, if the person's whereabouts are unknown, given by means of a notice in the Gazette or a local newspaper, or both.