Australian Capital Territory Current Acts

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ANIMAL WELFARE ACT 1992 - SECT 71

Amendment of trapping permit

    (1)     The authority may amend a trapping permit at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of animal welfare.

    (2)     The authority may amend a trapping permit on its own initiative or on application by the trapping permit-holder.

Note     A fee may be determined under s 110 for this provision.

    (3)     The authority may amend a trapping permit on its own initiative only if the authority has—

        (a)     given the trapping permit-holder written notice of the proposed amendment; and

        (b)     considered any comments made by the permit-holder in accordance with the notice.

    (4)     The notice mentioned in subsection (3) (a) must—

        (a)     include the authority's grounds for making the proposed amendment; and

        (b)     invite the trapping permit-holder to give the authority any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the permit-holder.

    (5)     Subsection (3) does not apply to action under section 73D (Taking regulatory action).

Note     Section 107A provides that the authority must give written notice of the decision to each person affected by the decision.

    (6)     The amendment of a trapping permit takes effect on—

        (a)     the day the notice of the decision to amend is given to the trapping permit-holder; or

        (b)     if the notice states a later date of effect—that date.

    (7)     A trapping permit amended under this section must be returned to the authority as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the trapping permit-holder.

    (8)     In this section:

"amend", a trapping permit, includes putting a condition on the permit, or amending or removing a condition of the permit.

"condition" does not include a condition prescribed by regulation.



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