WILDLIFE ACT 1975 - SECT 85M Power of Secretary to cancel seal tour permit

WILDLIFE ACT 1975 - SECT 85M

    (1)     The Secretary may cancel a seal tour permit if the Secretary is satisfied, on reasonable grounds, that—

        (a)     the holder of the permit has been found guilty of an offence against this Act or regulations made under this Act; or

        (b)     the holder of the permit has breached a condition of the permit; or

        (c)     the act or acts authorised by the permit adversely affect a population of a particular taxon of seal; or

        (d)     the holder of the permit has been convicted of an offence against a law of the Commonwealth or of a State or a Territory of the Commonwealth relating to fauna, to the preservation, conservation and protection of seals or to the living natural resources of the continental shelf of Australia.

    (2)     Before cancelling a permit, the Secretary must—

        (a)     notify the holder of the permit that the Secretary proposes to cancel the permit; and

        (b)     allow the holder of the permit an opportunity to make either oral or written submissions.

    (3)     Submissions under subsection (2) must be made within the period specified in the notice.

    (4)     In making a decision as to whether or not to cancel a permit, the Secretary must—

        (a)     have regard to any submissions made under subsection (2) within the period specified in the notice; and

        (b)     must notify the holder of the Secretary's decision.

    (5)     The cancellation of a permit has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which that notice is given.

Pt 11 (Heading) inserted by No. 9694 s. 4.

Part XI—Miscellaneous

S. 86 (Heading) inserted by No. 11/2014 s. 25(1).

S. 75 re‑numbered as s. 86 by

No. 9694 s. 5(a) (as amended by No. 10087 s. 3(1)(Sch. 1 item 326), substituted by No. 7/1988 s. 8(1).