23Grant of wildlife licences may be refused in certain cases

23 Grant of wildlife licences may be refused in certain cases S. 23(1) amended by Nos 41/1987 s. 103(Sch. 4 items 76.28, 76.29), 90/1989 s. 14(b), 87/1997 item 16(a)(i)), 24/2014 s. 32(2). (1) The Secretary may refuse to grant any application for a licence referred to in section 22 (except a licence in respect of specified birds) or to renew any such licence if the Secretary is satisfied that— (a) the applicant is not a fit and proper person to hold the licence applied for; S. 23(1)(b) substituted by No. 87/1997 s. 10(a). (b) the premises specified in the application for grant or renewal as being the premises which is to house the wildlife in respect of which the licence is sought— (i) are not suitable for housing the wildlife; or (ii) are premises in respect of which a licence has already been issued; or (iii) in the case of a private wildlife licence, are not premises at which the applicant resides; S. 23(1)(c) amended by Nos 70/1990 s. 6(1)(b), 87/1997 item 16(a)(ii)). (c) the issue of the licence would be deleterious to the welfare or conservation of any wild life or of any taxon of wildlife; (d) the number of such licences in force ought to be limited; or S. 23(1)(e) substituted by No. 87/1997 (e) the applicant has been found guilty of an offence against this Act or a corresponding previous enactment; or S. 23(1)(f) inserted by No. 87/1997 (f) the applicant is already the holder of a wildlife licence; or S. 23(1)(g) inserted by No. 87/1997 (g) the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence. S. 23(1A) inserted by No. 24/2014 s. 32(3). (1A) The Game Management Authority may refuse to grant any application for a licence referred to in section 22 in respect of specified birds or to renew a licence in respect of specified birds if the Authority is satisfied that— (a) the applicant is not a fit and proper person to hold a licence in respect of specified birds; or (b) the premises specified in the application for grant or renewal as being the premises which is to house the specified birds— (i) are not suitable for housing specified birds; or (ii) are premises in respect of which a licence has already been issued; or (c) the issue of the licence would be deleterious to the welfare of specified birds; or (d) the number of licences in force ought to be limited; or (e) the applicant has been found guilty of an offence against this Act or a corresponding previous enactment; or (f) the applicant is already a holder of a wildlife licence in respect of specified birds; or (g) the applicant has failed to comply with this Act, the regulations or the conditions of his or her licence. S. 23(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.28), 90/1989 s. 14(c), 70/1990 s. 6(1)(c), 87/1997 item 16(b)), 24/2014 s. 32(4). (2) Upon application made in writing and upon payment of any additional prescribed fees the Secretary may vary a licence in force under section 22 (other than a licence in respect of specified birds) in any respect and as from the date of such variation the licence shall be deemed to have been granted as so varied. S. 23(3) amended by Nos 9505 s. 18(2)(b), 41/1987 s. 103(Sch. 4 item 76.28), 90/1989 s. 14(c), repealed by No. 70/1990 s. 6(1)(d), new s. 23(3) inserted by No. 24/2014 s. 32(5). (3) The Game Management Authority may vary a licence in respect of specified birds in force under section 22 in any respect— (a) on an application made in writing by the holder of the licence; and (b) on payment of any additional prescribed fees. S. 23(4) inserted by No. 24/2014 s. 32(5). (4) On the date of variation of a licence in respect of specified birds under subsection (3), the licence is deemed to have been granted as varied. S. 24 amended by Nos 9505 s. 8, 9578 s. 3, 9643 s. 2(a)(i)–(vii), 9851 s. 2(a)–(j), 90/1989 s. 14(c), repealed by No. 70/1990 s. 6(1)(e).