Document ID: chunk:federal_register_of_legislation:F2022L00472:reg:57
Version: federal_register_of_legislation:F2022L00472
Segment Type: reg
Provision Reference: reg 57
Character Range: 53197–54834

57  Cancellation of permit

Circumstances in which permit may be cancelled
 (1) The Minister may cancel a permit in any of the following circumstances:
 (a) the permit was granted in error;
 (b) the permit holder's application for the grant or renewal of the permit was false or misleading in a material particular;
 (c) the permit holder contravenes a condition of the permit.

Process for cancellation of permit
 (2) Before cancelling the permit, the Minister must give the permit holder written notice:
 (a) stating that the Minister proposes to cancel the permit; and
 (b) setting out the reasons for the proposed cancellation; and
 (c) inviting the permit holder to make a written submission in response to the notice:
 (i) if the Minister considers that the circumstances require urgent action—within a period specified in the notice, which must be at least 24 hours; or
 (ii) in any other case—within a period specified in the notice, which must be at least 10 business days.
 (3) The Minister must have regard to any submission made by the permit holder within the period specified in the notice.
 (4) The Minister must give the permit holder written notice of the cancellation of a permit. The notice must set out the reasons for the cancellation.
 (5) The cancellation takes effect:
 (a) on the day the permit holder is given notice of the cancellation; or
 (b) if the notice specifies a later day—on that later day.
 (6) If the Minister decides not to cancel the permit, the Minister must, by written notice given to the permit holder, notify the permit holder of the decision.

Division 3—Licences of unleased National Land