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Marine Living Resources Act, 1998 (Act No. 18 of 1998)

Chapter 3 : Management of Marine Living Resources

Part 4 : General Local Matters

28. Cancellation and suspension of rights, licences and permits

 

(1) If a holder of any right, licence or permit in terms of this Act
(a) has furnished information in the application for that right, licence or permit, or has submitted any other information required in terms of this Act, which is not true or complete;
(b) contravenes or fails to comply with a condition imposed in the right, licence or permit;
(c) contravenes or fails to comply with a provision of this Act;
(d) is convicted of an offence in terms of this Act; or
(e) fails to effectively utilise that right, licence or permit,

the Director-General may by written notice delivered to such holder, or sent by registered post to the said holder’s last known address, request the holder to show cause in writing, within a period of 21 days from the date of the notice, why the right, licence or permit should not be revoked, suspended, cancelled, altered or reduced, as the case may be.

 

(2) The Director-General shall after expiry of the period referred to in subsection (1) refer the matter, together with any reason furnished by the holder in question, to the Minister for the Minister’s decision.

 

(3) When a matter is referred to the Minister in terms of subsection (2), the Minister may—
(a) revoke the right, licence or permit;
(b) suspend the right, licence or permit for a period determined by the Minister;
(c) cancel the right, licence or permit from a date determined by the Minister;
(d) alter the terms or conditions of the right, licence or permit; or
(e) decide not to revoke, suspend, cancel, alter or reduce the right, licence or permit.

 

(4) Notwithstanding the provisions of subsections (1), (2) and (3), the Minister may, whenever he or she is of the opinion that it is in the interests of the promotion, protection or utilisation on a sustainable basis of a particular marine living resource, at any time by written notice to the holder of a right, licence or permit, revoke, suspend, cancel or reduce that right, licence or permit.