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NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2017 - REG 71DL
Immediate amendment or suspension of agreement for safety or conservation
71DL Immediate amendment or suspension of agreement for safety or conservation
(1) This section applies if— (a) the chief executive believes a commercial
activity agreement should be amended or the authorisation under it
suspended— (i) to secure the safety of a person or a person’s property; or
(ii) because of a fire or other natural disaster; or
(iii) to conserve or
protect the cultural or natural resources of the protected area to which the
agreement applies; or
(b) the area to which a commercial activity agreement
applies is declared, after the agreement was entered into, to be a restricted
access area, or an area closed to the public, under this regulation.
(2) The
chief executive may, verbally if practicable, or by signs, advise the other
party to the commercial activity agreement that, until the chief executive
otherwise decides— (a) the agreement is amended in the way the chief
executive advises; or
(b) the authorisation under the agreement is suspended,
to the extent the chief executive advises.
(3) If the chief executive acts
under subsection (2) , the amendment or suspension takes effect immediately
after the other party is advised of the amendment or suspension and continues
in effect until the chief executive decides the reason for the amendment or
suspension no longer exists.
(4) The effect of an amendment under this
section does not depend on the amendment being noted on the agreement.
(5)
The chief executive must, as soon as practicable after the amendment or
suspension ends— (a) advise the other party that the amendment or suspension
no longer applies; or
(b) publish a notice on the department’s website
advising that the amendment or suspension no longer applies.
(6) In this
section—
"sign" includes a sign erected— (a) at or near a usual access point to a
protected area; or
(b) in a position that would normally be seen by a person
accessing a protected area.
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