(1)  The Secretary may, at any time, vary a licence by notice to the holder of the licence.

(2)  The variation of a licence under subsection (1) may be made –

(a) on the application of the holder of the licence; or

(b) on the Secretary’s own initiative.

(3)  The Secretary must not vary a licence under subsection (1) if –

(a) varying the licence will contravene a management plan; or

(b) varying the licence will contravene a marine farming development plan under the Marine Farming Planning Act 1995 ; or

(c) varying the licence will, if it includes matters provided for under a deed of agreement, be inconsistent with that deed of agreement; or

(d) there are environmental or resource constraints on varying the licence.

(4)  The Secretary may defer a decision on an application under subsection (2)(a) pending the determination or discontinuation of any proceedings against the applicant for an offence against –

(a) this Act; or

(b) any other Act that the Secretary thinks is relevant to the making of that decision; or

(c) a corresponding law.

(5)  If the Secretary varies a licence, the Secretary –

(a) may require the holder to return the previously issued licence; and

(b) is to issue a substitute licence.

(6)  A variation of a licence takes effect on the day on which the substitute licence is issued.

(7)  In this section –

vary a licence includes vary the conditions of the licence by doing one or more of the following:

(a) omitting an existing condition;

(b) amending an existing condition;

(c) adding a new condition.