Regulation 16 Power to amend licencesI1

Northern Ireland

(1)

At any time after the grant of a licence under these Regulations, the terms and conditions of the licence may be amended by the Department if, in its opinion, it is necessary or desirable to do so for the purpose of ensuring that the conservation measures referred to in regulation 3(7) are implemented at the zoo.

(2)

Paragraph (3) applies where –

(a)

the Department has made a direction under regulation 17(2) in respect of a zoo;

(b)

the period specified in that direction by virtue of regulation 17(2)(c), including such a direction as varied under regulation 17(4), has expired; and

(c)

the Department is satisfied that a condition specified in that direction, which is attached to the zoo’s licence to ensure the implementation of the conservation measures referred to in regulation 3(7), is not met in relation to –

(i)

if the zoo was specified under regulation 17(2)(b)(i), any section of the zoo,

(ii)

if a section of the zoo was specified under regulation 17(2)(b)(ii), that section of the zoo or any smaller section of the zoo included in that section.

(3)

The Department shall make such amendments to the licence as it considers necessary or desirable to ensure that the section of the zoo in relation to which it is satisfied that the condition is not met, is closed to the public.

(4)

Before exercising the power under paragraph (1), the Department shall give the holder of the licence an opportunity to be heard.

(5)

Paragraph (6) applies in place of paragraph (4) where the Department proposes to make under paragraph (1) a significant amendment to a licence, except where the amendment is in accordance with the recommendations in a report pursuant to regulation 12(3)(c).

(6)

Before making a significant amendment to a licence the Department shall –

(a)

consult the holder of the licence about the amendment it proposes to make to the licence;

(b)

make arrangements for an inspection to be carried out in accordance with regulation 12; and

(c)

consider the report made to it by the inspector pursuant to that inspection.

(7)

An amendment under this regulation may be made by amending, cancelling or attaching conditions to the licence or by a combination of any of those methods.

(8)

Without prejudice to regulation 23(5) and (6), the Department shall take reasonable steps to secure that the holder of the licence is notified in writing of amendments to a licence under this regulation.

Annotations

Commencement

I1: Reg. 16 in operation at 31.3.2003, see reg. 1