Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
section 15A, the Minister may, in addition to any licence required under
the provisions of section 17 or 17A, issue such licences as are
prescribed.
(2)(a) The Minister
may renew the period of operation of a licence from time to time, or transfer
the authority it confers from one person to another, or, where its operation
relates to any place, may transfer that operation to another place of the same
kind.
(b)
Where the holder of a licence contravenes or fails to comply with any
conditions endorsed upon or attached to the licence the Minister may, at any
time and from time to time, by notice in writing given to the holder of a
licence, cancel the licence or suspend it for such period as the Minister
thinks fit.
(c)
Where the Minister considers that in the interest of conservation the
operation of a licence should not be permitted to continue the Minister may,
at any time and from time to time, by notice in writing given to the holder of
a licence, cancel the licence or suspend it for such period as the Minister
thinks fit.
(ca) The
Minister may, by written notice given to the holder of a licence, cancel a
licence or suspend it for such period as the Minister thinks fit
if —
(i)
the holder of the licence is convicted of an offence
under the Animal Welfare Act 2002 ; or
(ii)
a licence under that Act held by the holder of the
licence is suspended or revoked.
(d)
Where the holder of a licence cannot reasonably be served with a notice
required by this section or his whereabouts are unknown, the service of that
notice may be effected by an advertisement published in a newspaper
circulating in the general area in which he was last known to be.
(3)(a) The Minister
may delegate all or any of the powers conferred upon him, with the exception
of this power of delegation, to the CEO, or to any wildlife officer.
(b)
Where the exercise of the power is dependent upon the opinion, belief,
satisfaction or other state of mind of the Minister in relation to any matter,
the power, when delegated, may be exercised by the delegate upon his opinion,
belief, satisfaction or state of mind in relation to the matter.
(c)
Every delegation pursuant to the provisions of this section shall be revocable
at will, and no delegation shall prevent the Minister from exercising the
power.
(4) Subject to
section 23D, no person shall be entitled to a grant, renewal or transfer
of a licence as of right.
(5) A grant, renewal
or transfer of a licence may be authorised subject to such conditions as,
having regard to the conservation or management of fauna or flora or the
management of animals that are not fauna, the Minister considers fit, which
conditions shall be endorsed upon or attached to the licence when granted,
renewed or transferred, as the case may be; and may be added to, cancelled,
suspended and otherwise varied by the Minister from time to time during the
operation of the licence.
[Section 15 amended by No. 38 of 1954
s. 7; No. 45 of 1967 s. 15; No. 99 of 1969 s. 8;
No. 67 of 1975 s. 17; No. 86 of 1976 s. 6; No. 112 of
1984 s. 7; No. 18 of 1992 s. 5; No. 73 of 1994 s. 4;
No. 49 of 1996 s. 64; No. 57 of 1997 s. 132(3), (4), (23)
and (24); No. 33 of 2002 s. 97(2); No. 28 of 2006 s. 221.]