Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section a
reference to a licence includes a reference to a permit, approval, consent or
authorisation granted under the Swan River Conservation Act 1958 , and
continued in force pursuant to section 4.
[(2) deleted]
(3) Any person, in the
prescribed manner, if any, may apply to the Minister for a licence authorising
him to do or to omit to do anything the doing or omission of which would
otherwise constitute an offence against this Act, and on payment of such fees
or charges as may be prescribed in relation thereto the Minister may grant,
renew or transfer any such licence.
(4) The Minister, on
giving written notice to the applicant of the reason, may refuse any
application and no person shall be entitled to the grant, renewal or transfer
of a licence as of right notwithstanding any other law or established
practice.
(5) The grant of a
licence may be authorised subject to such reasonable conditions as the
Minister thinks fit, which conditions shall be endorsed upon or attached to
the licence when granted.
(6) The Minister, at
any time during the currency of a licence, by notice in writing given to the
holder of the licence, may —
(a) vary
or add to the conditions of the licence; or
(b) in
the case of an unconditional licence, provide that it shall be subject to
reasonable conditions specified in the notice,
but, subject to the
provisions of this section, a licence shall otherwise take effect according to
its tenor and for the period specified therein.
(7) 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.
(8) Where in the
opinion of the Minister a person is contravening, or is likely to contravene,
the provisions of this Act the Minister may give to that person a notice in
writing informing him of the opinion of the Minister and, where the Minister
considers that the matter is one capable of being dealt with by a licence the
conditions of which will impose a satisfactory degree of control, may thereby
require him to apply for such a licence instead of instituting proceedings for
the alleged offence.
(9) Where the owner,
and any person occupying the land with the consent of the owner, has given
approval in writing the powers conferred by this section may be exercised in
relation to any land placed by the owner, lessee or licensee of that land
under the control or management of the Minister.
(10) Where the holder
of a licence contravenes or fails to comply with any condition endorsed upon
or attached to the licence —
(a) he
commits an offence and is liable for his act or omission to the extent that it
was not authorised by the licence;
(b) the
court may, in addition to any other penalty, by order cancel the licence; and
(c) the
Minister may, by notice in writing given to the holder of the licence, revoke
that licence or suspend the operation of it for such period as the Minister
thinks fit.
(10a) The variation of
a condition of a licence does not affect any penalty or punishment incurred,
imposed, or liable to be incurred or imposed, prior to that variation, or any
investigation or legal proceedings in respect of such a penalty or punishment,
notwithstanding any other enactment.
(11) A person who is
aggrieved —
(a) by a
refusal of the Minister to grant or renew a licence under this Act;
(b) by
the revocation of a licence or the suspension of the operation of a licence
pursuant to subsection (10); or
(c) by a
condition imposed by the Minister in relation to any licence,
may apply to the State
Administrative Tribunal for a review of the decision of the Minister.
[Section 46 amended by No. 78 of 1995
s. 135; No. 55 of 2004 s. 1306; No. 38 of 2007 s. 162 and
188.]