Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:130
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 130
Character Range: 214352–216253

130  Action following investigation
 (1) This section applies if the Authority conducts an investigation under section 129 in relation to a permission (including any Hinchinbrook authorisation attached to the permission) held by a permission holder.

Reasonable grounds not found
 (2) If, as a result of the investigation, the Authority does not find reasonable grounds for modifying the relevant condition or suspending the permission, it must:
 (a) immediately remove the modification or suspension; and
 (b) as soon as practicable after doing so, notify the permission holder in writing that it has removed the modification or suspension.

Reasonable grounds found
 (3) If, as a result of the investigation, the Authority finds reasonable grounds for modifying the relevant condition or suspending the permission, it may, by written notice given to the permission holder, take any of the following actions:
 (a) continue the modification;
 (b) continue the suspension;
 (c) revoke the permission.
The notice must include the reasons for continuing the modification or suspension, or revoking the permission.

When action must be taken
 (4) The Authority must take action under subsection (2) or (3) no later than 10 business days after it completes its investigation. If the Authority does not do so, the modification or suspension ceases to have effect at the end of that period.

Effect of taking and not taking action under subsection (3)
 (5) If the Authority continues the modification or suspension, the following provisions apply:
 (a) for the modification of a condition—the permission has effect as if it had been granted with the modified condition;
 (b) for a suspension—the permission remains suspended for the period specified in the notice.
 (6) If the Authority revokes the permission, the revocation takes effect on the day the Authority gives the notice to the permission holder.