92Cancellation of permits

92 Cancellation of permits

(1)  The Secretary, by notice to the holder of an undischarged fireworks display permit, may cancel the undischarged permit at any time if the Secretary believes on reasonable grounds that –

(a) the intended fireworks display would contravene a total fire ban declaration; or

(b) the relevant event is cancelled or postponed; or

(c) the cancellation is necessary or expedient in the interests of State security or public safety; or

(d) having regard to the criteria in Schedule 4 or other matters, the holder of the permit is not a fit and proper person to hold such a permit; or

(e) there is another compelling justification for the cancellation.

(2)  However, the Secretary is not to cancel a permit solely on the ground referred to in subregulation (1)(c) except at the direction or with the express prior approval of the Minister administering either the Police Powers (Public Safety) Act 2005 or the Security-sensitive Dangerous Substances Act 2005 .

(3)  A notice under subregulation (1) of the cancellation of an undischarged fireworks display permit is to inform the holder of the permit of –

(a) the cancellation; and

(b) the reason for the cancellation; and

(c) when the cancellation takes effect; and

(d) the right of review.