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Hazardous Substances Act, 1973 (Act No. 15 of 1973)

7. Suspension and cancellation of licences

 

1) If the holder of a licence under section 4—
a) has in or in connection with an application for a licence or renewal of a licence furnished the Director-General with any information which to the knowledge of such holder is untrue or misleading in any material respect;
b) has contravened or failed to comply with a Condition subject to which the licence was issued;
c) has contravened or failed to comply with a provision of this Act;
d) has at any time been convicted of any offence which is of such a nature that in the opinion of the Director-General it renders him unsuitable or if such person is for any other reason in the opinion of the Director-General not a suitable person to carry on the activities authorized by the licence, or to be involved in such activities; or
e) has ceased to carry on the activities authorized by the licence, the Director-General may by way of a notice in writing call upon him to show cause within the period specified in the notice, which period shall not be less than 20 days as from the date of the notice, why the licence in question should not be suspended or cancelled.

 

2) The Director-General may, after considering the reasons furnished to him in terms of subsection (1), in his discretion—
a) suspend the licence in question for such period as he may determine; or
b) withdraw such licence.

 

3) While a licence is suspended under subsection (2)(a), the licence concerned shall be deemed never to have been issued.

 

4) The Director-General shall withdraw the licence of a licensee if requested to do so by the licensee.

 

5) The holder of a licence under section 4(1)(a) may, if such licence is withdrawn under subsection (2)(b) of this section, continue on such conditions as the Director-General may determine to carry on business as a supplier of Group I hazardous substances, for a period of 30 days or such longer period as the Director-General may determine.

 

6) No person shall be entitled to repayment of any prescribed fees in respect of any application for the granting or renewal of a licence if such application has been refused or if the licence has been suspended or withdrawn.