78Grant of licence

78 Grant of licence

[Section 78 Subsection (1) amended by No. 45 of 1997, s. 19, Applied:13 Nov 1997] [Section 78 Subsection (1) amended by No. 45 of 1997, s. 19, Applied:13 Nov 1997] [Section 78 Subsection (1) amended by No. 7 of 2007, s. 21, Applied:30 Apr 2007] [Section 78 Subsection (1) amended by No. 42 of 1998, s. 10, Applied:18 Dec 1998] [Section 78 Subsection (1) amended by No. 7 of 2007, s. 21, Applied:30 Apr 2007] [Section 78 Subsection (1) amended by No. 7 of 2007, s. 21, Applied:30 Apr 2007] [Section 78 Subsection (2A) inserted by No. 14 of 2005, s. 4, Applied:06 May 2005] [Section 78 Substituted by No. 24 of 2021, s. 7, Applied:31 Mar 2023]

(1)  The Secretary may grant an application for a licence with or without conditions.

(2)  The Secretary may refuse to grant a licence to an applicant –

(a) if the applicant is not eligible to hold the licence; or

(b) if the applicant is disqualified from holding the licence; or

(c) if there are environmental or resource constraints on granting the licence; or

(d) if granting the application will contravene a management plan; or

(e) on such other grounds that the Secretary considers reasonable for refusing the application.

(3)  The Secretary must not grant a licence under this section if the application is for a licence to replace a licence that –

(a) has been surrendered or cancelled; or

(b) is suspended.