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Special Committee Wildlife Bill, 1975 debate -
Tuesday, 15 Jun 1976

SECTION 9.

Question proposed: " That section 9 stand part of the Bill."

This section is self-explanatory.

Would the Minister elucidate what is meant by (b):

anything which is a thing so permitted to be done and is of a class or description so specified.

Under paragraph (a) the licence could be expressed and operate to enable an assistant to do all that the licensee is permitted to do, for example, to capture or kill. Under paragraph (b) the licence could be expressed and operate to enable the assistant to do some particular act which the licensee is permitted to do—for example, to capture the protected bird but not to kill it.

Under this section the Minister can vary or revoke conditions attaching to a licence, but I am concerned here that the licensee would be put in a very odd position by reason of this provision. For instance, he might not feel very secure in what he was doing knowing that the conditions could be varied at any time.

I can understand the Deputy's reaction but circumstances might change necessitating the Minister to call in the licence and change the conditions attaching to it.

If, say, I have a licence granting me powers to do certain things and if the Minister decides to change those conditions, how am I to be made aware of the changes? Would the licence be called in, altered and then reissued?

Anything the licensee did that was in accordance with the terms of the licence before it was varied would be legal. In the event of the licence having to be varied, it would have to be called in and altered.

It is very important that the person holding the licence would be notified and the licence altered accordingly.

A licence could not be restricted or the conditions attached to it could not be narrowed without notifying the licence holder.

Can the Minister give us an assurance?

I have given the Deputy an assurance.

Can the Minister revoke a licence other than a licence granted under section 29 of the Act?

Yes. Licences under section 29 can only be revoked by the court.

I am concerned for the safety of people who might be in the area of a licence holder. Does the Minister accept responsibility to order a licence holder to have some form of insurance cover for any injury that might arise from any act on his part?

No. Section 9 does not deal with the issuing of firearms certificates and it does not deal with conditions regarding them.

The section reads " The Minister may attach conditions to any licence . . .".

Is there anything further under this section?

Question put and agreed to.
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