ANIMAL WELFARE ACT 1992 - SECT 34 Amendment of licence

ANIMAL WELFARE ACT 1992 - SECT 34

    (1)     The authority may amend a licence at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of animal welfare.

    (2)     The authority may amend a licence on its own initiative or on application by the licensee.

Note     A fee may be determined under s 110 for this provision.

    (3)     The authority may amend a licence on its own initiative only if the authority has—

        (a)     given the licensee written notice of the proposed amendment; and

        (b)     considered any comments made by the licensee in accordance with the notice.

    (4)     The notice mentioned in subsection (3) (a) must—

        (a)     include the authority's grounds for making the proposed amendment; and

        (b)     invite the licensee to give the authority any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the licensee.

    (5)     Subsection (3) does not apply to action under section 73D (Taking regulatory action).

Note     Section 107A provides that the authority must give written notice of the decision to each person affected by the decision.

    (6)     The amendment of a licence takes effect on—

        (a)     the day the notice of the decision to amend is given to the licensee; or

        (b)     if the notice states a later date of effect—that date.

    (7)     A licence amended under this section must be returned to the authority as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the licensee.

    (8)     In this section:

"amend", a licence, includes putting a condition on the licence, or amending or removing a condition of the licence.

"condition" does not include a condition prescribed by regulation.