Document ID: chunk:federal_register_of_legislation:F2018L00321:front:0:p51
Version: federal_register_of_legislation:F2018L00321
Segment Type: other
Provision Reference: 
Character Range: 150211–152982

deciding to issue an approval has changed or no longer exists).

Class approval conditions may be varied or revoked, or further conditions imposed, if the Director is satisfied that it is necessary or appropriate to do so for the efficient or effective management of the activities to which the approval relates.

Class approval conditions may be revoked if the Director is satisfied that the condition(s) is/are not necessary and the impacts of the activities to which the approval relates will remain acceptable (Section 4.3.1 Decision-making).

A class approval or conditions may be varied if the Director is satisfied that the impacts of the activities to which the approval relates will remain acceptable under the approval or conditions as varied (including, for example, to allow new or additional commercial fishing methods and gear types to be used).

A class approval may be varied to remove a person from the class of approved persons at the request of that person.

A class approval may be varied to remove a person from the class of approved persons if the Director is satisfied that the person:
 1. has breached a condition of the approval; or
 2. has in the previous 10 years been convicted of, or is subject to proceedings for, an offence under the EPBC Act, EPBC Regulations, or any other law of the Commonwealth about the protection, conservation or management of native species or ecological communities.
Note: Where a person has been removed from a class approval, they may apply for a permit under Section 4.4.1 (Permits) or an activity licence under Section 4.4.3 (Activity licences and leases).
Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

Activity licences and leases
An activity licence or lease may be issued to authorise an activity where it is more appropriate than the use of a permit or class approval, such as for tourism activities or activities that involve the installation of infrastructure (such as moorings or marker buoys). For the majority of these types of activities a licence will be the most suitable form of authorisation; however, this plan also provides for the Director to grant leases over land. Licences and leases are transferable and generally granted for a longer term than permits. They may include agreed fees reflecting the commercial value of the authorisation and, in the case of leases, provide security of tenure over land to support investment in infrastructure.
An activity licence authorises the holder to conduct their activities in the area to which the licence relates. A lease provides exclusive possession of the area of land