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Chapter II
Restrictions to Protect Wildlife
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Regulation of commercial shoot operators.
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36.—(1) The Minister may control the activities of commercial shoot operators by permits issued under this section and accordingly the Minister may, on application being made in that behalf, if thought fit and on payment to the Minister of the prescribed fee (if any), issue a permit to a person to carry out an activity under this section and attach conditions thereto, and may amend such a permit.
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(2) An applicant for a permit under this section shall submit details of all shooting rights which he or she owns or has permission to use together with such other information as the Minister may require.
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(3) The Minister may, in considering an application for a permit under this section, have regard to—
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(a) the ability of the applicant to comply with any regulations made under subsection (10) which are for the time being in force or the manner in which the applicant has complied with any such regulations while being the holder of a permit issued under this section, and
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(b) whether or not the applicant has been convicted of any offence under the Wildlife Acts, 1976 and 2000, or under the law of another jurisdiction which either or both corresponds to an offence under those Acts and relates to the conservation of wildlife.
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(4) On the issuing of a permit under this section, the Minister may, having regard to the information to which subsection (2) relates and to any other information available to the Minister, limit the amount of hunting which may take place over particular land or lands in respect of which the applicant for the permit either owns shooting rights or has permission of the owner of these shooting rights, and shall include in the permit such conditions, including conditions relating to gun days, as the Minister considers appropriate.
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(5) A permit issued by the Minister under this section shall, unless it is previously withdrawn, remain in force for any period specified by the Minister not exceeding 3 years.
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(6) (a) Every applicant for the issue of a permit under this section shall have the right of appeal, to the District Court for the District in which the applicant resides, against the refusal of the Minister to issue such a permit.
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(b) Where, in the case of the refusal by the Minister to issue a permit under this section, the applicant is the holder of a subsisting permit under this section, then the permit shall continue in force pending the determination of an appeal against such refusal or the appeal ceases for any other reason.
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(c) The Minister shall be notified in writing by registered post by the applicant of any such appeal not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing.
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(d) Where an appeal under this subsection is allowed, the Minister shall issue a permit subject to any conditions which the judge allowing the appeal may require to be attached to the permit.
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(7) (a) The Minister may, having given 21 days' notice to the holder of a permit issued under this section, withdraw the permit if the holder has failed to comply with the conditions thereof or with regulations made under subsection (10) which are for the time being in force, and shall notify the holder of the reasons for such withdrawal.
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(b) The holder of a permit issued under this section shall have the right to appeal, to the District Court for the District in which the holder of the permit resides, within a period of 21 days in respect of the notification by the Minister to withdraw the permit.
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(c) Where, in the case of the notification of withdrawal by the Minister of a permit under this section, the holder of the permit appeals to the District Court in accordance with paragraph (b), the permit shall continue in force pending the determination of an appeal against such withdrawal or the appeal ceases for any other reason.
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(d) The Minister shall be notified in writing by registered post of any appeal to which paragraph (b) relates not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing.
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(8) The Minister shall from time to time publish or cause to be published a list of holders of permits issued under this section.
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(9) As and from such date as the Minister may by order appoint, a person shall not act as, or hold himself or herself out as, a commercial shoot operator (whether by that name or otherwise) unless he or she is in possession of a subsisting permit issued under this section.
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(10) (a) The Minister may make regulations for the purposes of giving full effect to this section and may, in particular, provide for procedures in relation to the making of applications for permits under this section and the consideration of applications.
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(b) Without prejudice to the generality of paragraph (a), regulations made under this subsection may—
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(i) provide for the form of applications,
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(ii) require applicants to publish or give specified notices relating to their applications,
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(iii) require applicants to furnish to the Minister or to an officer of the Minister duly authorised any specified information relating to their applications, including information relating to employees and agents of holders of, or applicants for, permits issued under this section,
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(iv) provide for the availability for inspection by the Minister or by an officer of the Minister duly authorised of documents or extracts from documents relating to applications,
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(v) provide for consultation with such bodies, including statutory bodies, as may be prescribed for that purpose,
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(vi) provide for the making of submissions or observations to the Minister in relation to applications and the period during which such submissions or observations may be made,
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(vii) require applicants to submit further information relating to their applications, and
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(viii) require the production of evidence to verify particulars of information given by an applicant.
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(11) A person who—
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(a) contravenes subsection (9) of this section, or
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(b) fails to comply with any condition or requirement of a permit, or
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(c) makes false or misleading statements or declarations, or furnishes a document or information which is false, with a view to obtaining a permit,
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shall be guilty of an offence.
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(12) In this section—
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“commercial shoot operator” means a person who either owns shooting rights on lands or has permission of the owner of those shooting rights and who uses these rights or permissions for the purposes of providing hunting on these lands to others for reward;
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“gun days” means the number of days in any hunting season in which one gun can be used to sustainably hunt over particular land or lands in respect of any class of or all wild animals or wild birds.
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