Wildlife Act 1976

Wildlife dealer’s licence.

48

F160 [ 48. (1) The Minister may, on application being made in that behalf, if thought fit and on payment of the prescribed fee (if any), grant or renew a licence (in this Act referred to as a wildlife dealer s licence ) authorising the applicant to carry on business as a wildlife dealer at premises specified in the licence.

(2) A wildlife dealer s licence shall, unless it is previously revoked, remain in force until the 31st day of July following the year in which it was granted or renewed.

(3) The Minister may, on application being made in that behalf, from time to time and on payment of the prescribed fee (if any), renew a licence granted under subsection (1) of this section.

(4) ( a ) Every applicant for the grant or renewal of a licence under this section shall have the right of appeal, to the District Court for the District in which the applicant resides, against the refusal of the Minister to grant or renew such a licence.

( b ) Where, in the case of the refusal by the Minister to grant or renew a licence under this section, the applicant is the holder of a subsisting licence under this section, then the licence shall continue in force pending the determination of an appeal against such refusal, or the appeal ceases for any other reason.

( c ) The Minister shall be notified in writing by registered post by the applicant of any such appeal not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing.

( d ) Where an appeal under this subsection is allowed, the Minister shall grant or renew, as appropriate, a licence subject to any conditions which the judge allowing the appeal may require to be attached to the licence.

(5) The Minister may, in considering an application for the grant or renewal of a licence under this section, have regard to the following:

( a ) the suitability of the applicant, taking into account the purposes of this Act, to hold a wildlife dealer s licence,

( b ) the suitability of the premises, taking into account all relevant legislative provisions relating to food hygiene and food safety, where the applicant proposes to carry on the business of wildlife dealing, and

( c ) the ability of the applicant to comply with regulations made under section 46(2) of this Act which are for the time being in force.

(6) ( a ) The Minister may, having given 21 days notice to the holder of a licence issued under this section, revoke the licence if the holder has failed to comply with the conditions thereof or with regulations made under section 46(2) of this Act which are for the time being in force, and shall notify the holder of the reasons for such revocation.

( b ) The holder of a wildlife dealer s licence shall have the right to appeal, to the District Court for the District in which the applicant resides, within a period of 21 days in respect of the notification by the Minister to revoke the licence.

( c ) Where, in the case of the notification of revocation by the Minister of a licence under this section, the holder of the licence appeals to the District Court in accordance with paragraph (b) , the licence shall continue in force pending the determination of an appeal against such revocation, or the appeal ceases for any other reason.

( d ) The Minister shall be notified in writing by registered post of any appeal to which paragraph (b) relates not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing.

(7) The Minister may, on application being made in that behalf by the holder of the wildlife dealer s licence, amend a licence issued under this section. ]