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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 –
(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 –
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.
(4)  The Minister may –
(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 –
on giving 7 days' notice to the licensee of his or her intention to do so.
(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 –
(a) has been imposed under subsection (1) ; or
(b) is proposed under subsection (2) or (3)  –
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.
(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.