Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:128
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 128
Character Range: 210038–212291

128  Modification of permission conditions
 (1) The Authority may, by written notice given to a permission holder, modify the conditions of the permission (including any Hinchinbrook authorisation attached to the permission) in order to ensure the permission, and the conditions of the permission, remain appropriate to achieving the objects of the Act.
 (2) The Authority may modify the conditions:
 (a) with the consent of the permission holder; or
 (b) without the consent of the permission holder:
 (i) if the holder has been convicted or found guilty of an offence against the Act, this instrument, or any other instrument made for the purposes of the Act; or
 (ii) if the holder has been convicted or found guilty of an offence against section 136.1 or 137.1 (false or misleading information or documents) of the Criminal Code in relation to the person's application for the permission; or
 (iii) if the Federal Court has made a declaration under section 61AIA of the Act that the holder has contravened a civil penalty provision of the Act; or
 (iv) if the activity or conduct that is the subject of the permission is also the subject of an approval under Part 9 of the Environment Protection and Biodiversity Conservation Act 1999 and a condition attached to that approval has been varied under section 143 of that Act; or
 (v) if the Authority believes, on reasonable grounds, that it is necessary to do so to protect the environment, or the living resources, of the Marine Park.
 (3) Before taking action to modify a condition on a ground mentioned in paragraph (2)(b), the Authority must:
 (a) give written notice to the holder of the facts and circumstances that, in the opinion of the Authority, justify modifying the condition; and
 (b) include in the notice a statement that the holder may, before the end of:
 (i) 20 business days after the Authority gives the notice to the applicant; or
 (ii) if the Authority extends that period in accordance with section 253—that extended period;
  provide reasons to the Authority why the condition should not be modified.
 (4) In deciding whether to modify the conditions of the permission, the Authority must consider any reasons provided by the permission holder in accordance with the notice.