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.
(2A) 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.
(2B) 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.
(2C) 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.
(2CA) 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 —
(a) the
holder of the licence is convicted of an offence under the
Animal Welfare Act 2002 ; or
(b) a
licence under that Act held by the holder of the licence is suspended or
revoked.
(2D) 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.
(3A) 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.
(3B) 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.
(3C) 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.
(6) If such licences
as are prescribed under subsection (1) are transferable by the licensee,
in accordance with the Personal Property Securities Act 2009
(Commonwealth) section 10 the definition of licence paragraph (d),
the licences are declared not to be personal property for the purposes of that
Act.
[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; No.
19 of 2010 s. 51; No. 42 of 2011 s. 72.]