Commonwealth Consolidated Regulations

ANTARCTIC MARINE LIVING RESOURCES CONSERVATION REGULATIONS 1994 - REG 9

(1)

The Minister may suspend or revoke an entry permit if he or she believes on reasonable grounds that the permit holder, or an individual identified in the permit, has contravened a condition to which the permit is subject.

(2)

The Minister may suspend or revoke an entry permit if the permit holder, or an individual identified in the permit, is convicted of an offence against:

(a)

the Act; or

(b)

these Regulations; or

(c)

the Antarctic Mining Prohibition Act 1991 ; or

(d)

the Antarctic Treaty (Environment Protection Act) 1980 ; or

(e)

regulations made under the Antarctic Treaty (Environment Protection Act) 1980 ; or

(f)

the Continental Shelf (Living Natural Resources) Act 1968 ; or

(g)

the Environment Protection and Management Ordinance 1987 of the Territory of Heard Island and McDonald Islands; or

(h)

the Fisheries Management Act 1991 ; or

(i)

the Whale Protection Act 1980 .

(3)

The Minister may suspend or revoke an entry permit if he or she believes on reasonable grounds that an act that the permit holder, or an individual identified in the permit, is likely to carry out at a CEMP site may:

(a)

conflict with the management plan applicable to the site; or

(b)

affect adversely the effectiveness of the management plan.

(4)

Before the Minister takes action under this regulation, he or she must have regard to:

(a)

the objectives of the Act; and

(b)

the objective and principles of the Convention; and

(c)

the objectives of the conservation measures; and

(d)

the requirements of the management plan in force in relation to each CEMP site to which the permit applies.

(5)

The Minister may:

(a)

revoke the suspension of the permit; or

(b)

revoke the permit while it is suspended.

(6)

If the Minister suspends or revokes an entry permit, he or she must enter the details of the action in the register of permits kept under subsection 9 (7) of the Act.

(7)

The Minister must not suspend the permit for a continuous period longer than 90 days.

(8)

The period for which the permit is expressed to operate includes a period during which the permit is suspended.