Variation, suspension or revocation

The licensing authority has the power to vary, suspend or revoke a licence under section 72 of the Marine and Coastal Access Act 2009 (MCAA 2009).

A marine licence may be varied, suspended or revoked in a number of circumstances:

1. •

   breach of licence provisions or conditions

2. •

   false, misleading or insufficient information supplied in the licence application process (where provision of the correct information would likely have caused the application to have been refused or granted in different terms)

3. •

   change in circumstances relating to the environment or human health

4. •

   increased scientific knowledge relating to the environment or human health

5. •

   it is in the interests of safety of navigation

6. •

   any other reason that appears to the authority to be relevant (MCAA 2009, s 72(3)(d))

The catch-all provision ‘any other reason that appears to the authority to be relevant’ is likely to be tested by reference to the licensing authority’s general objective set out in MCAA 2009, s 2, which is to ensure