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Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index

13. Amendment, Suspension and Revocation of Licences.

(1)

The Council may, whenever it deems it necessary or expedient, and after the licensee was given the opportunity to make representations to the Council, amend the conditions of a specific licence.


(2)

The Council may suspend a licence with immediate effect, if—

(a)

any condition of the licence was violated, or the Council has reason to believe that such a condition was or is being violated; or

(b)

facts become known which in its opinion point to an unacceptable safety risk.


(3)

The Council shall investigate all circumstances causing a suspension in terms of subsection (2), and if in the case of a suspension in terms of subsection (2)(a) it is found that—

(a)

no violation of the conditions of the licence occurred, the suspension shall be lifted immediately;

(b)

a violation of the conditions of the licence did occur, the Council may—

(i)

grant the licensee a reasonable time to comply with all conditions of the licence;

(ii)

after consultation with the licensee, amend the conditions of the licence, after which the suspension may be lifted; or

(iii)

revoke the licence.


(4)

In the case of a suspension in terms of subsection (2)(b), the Council may order the licensee to take steps in order to eliminate the unacceptable safety risk within a reasonable time.


(5)

If the licensee complies with the requirements laid down under subsection (3)(b)(i) or (4), to the satisfaction of the Council, the Council may revoke the suspension: Provided that if the licensee does not comply with the requirements laid down to the satisfaction of the Council, the Council may order the licensee to take further remedial steps, or revoke the licence.


(6)

Any decision taken by the Council regarding the amendment, suspension or revocation of a licence shall as soon as possible be made known by the Council in writing to the licensee concerned, furnishing reasons for the decision.


(7)

The Minister may at any time order the Council to suspend or revoke a licence issued by the Council, if, in the opinion of the Minister, the licensed activity is in conflict with the interests of the State.


(8)

In the case of a suspension in terms of subsection (7), the Minister shall determine when the suspension may be revoked by the Council and he shall notify the Council accordingly, who shall forthwith notify the licensee of the decision of the Minister.


(9)

A licensee may at any time in writing request the Council to revoke his licence:
Provided that—

(a)

the Council may determine such conditions with regard to the revocation as it may deem necessary or expedient;

(b)

the Council shall determine the date of revocation; and

(c)

the obligations and liabilities of the licensee in terms of section 14 shall remain in force.



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