Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:131
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 131
Character Range: 216253–218473

131  Suspension of permission—environmental management charge
 (1) The Authority may, by written notice given to the holder of a chargeable permission, suspend the permission if the Authority is satisfied that any of the following apply:
 (a) at the end of the month in which charge is payable in relation to the permission by the holder of the permission, the charge has not been fully paid;
 (b) charge that is payable in relation to the permission by a visitor has not been collected by the holder of the permission;
 (c) at the end of the month in which a collected amount is payable in relation to the permission, the collected amount has not been fully paid;
 (d) a penalty amount that is payable in relation to the permission has not been paid in accordance with subsection 39FA(3) of the Act;
 (e) an amount of late payment penalty that is payable in relation to the permission has not been paid;
 (f) at the end of the month in which a return in relation to the permission is to be given to the Authority under section 230, the return has not been given to the Authority.

Duration of suspension
 (2) The suspension commences:
 (a) on the day the Authority gives the notice to the permission holder; or
 (b) if a later day is specified in the notice—on that later day.
 (3) The suspension remains in force until the Authority is satisfied:
 (a) that:
 (i) the charge, amount or penalty is paid; and
 (ii) if paragraph (1)(f) applies—a properly completed return has been given to the Authority; and
 (b) that the reinstatement fee under section 207 is paid to the Authority.

Requirements before suspending permission
 (4) Before taking action to suspend the permission, the Authority must:
 (a) give the holder a written notice of the facts and circumstances that, in the opinion of the Authority, justify consideration being given to suspending the permission; and
 (b) include in the notice a statement that the holder may, within 10 business days after the date of the notice, provide reasons to the Authority why the permission should not be suspended.
 (5) In deciding whether or not to suspend the permission, the Authority must consider any reasons provided by the holder in accordance with the notice.