3. The following new sections are hereby inserted immediately after section 43 of the principal enactment and shall have effect as sections 43A, 43B, 43C, 43D, 43E, and 43F of that enactment.
| 43A.
| | (1) A licence issued under section 41 may be suspended by the Director-General, where-
| | | (a) it becomes necessary in order to implement any aquaculture conservation or management measures adopted in consequence of a determination made by the Authority ; |
| (b) the licensee has been charged for the commission of an offence under this Act or the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998 or any regulations made under those Acts; or |
| (c) the licensee has contravened any provisions of this Act or the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998 or any regulations made under those Acts, and the severity of such contravention does not warrant a cancellation of the licence. |
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| | (2) Where a licence is suspended under paragraph (a) of subsection (1), the licensee shall be entitled to a pro rata refund of the fee paid by him for the issue of the licence. | | |
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| 43B.
| | (1) A license issued under section 41 shall be cancelled by the Director-General, where -
| | | (a) it is found that the licence had been obtained by providing false, misleading or inaccurate information; |
| (b) the licensee has been convicted of an offence under this Act or the National Aquaculture Development Authority of Sri Lanka Act, No. 53 of 1998 ; |
| (c) the licensee has been convicted for an offence relating to any fishing or aquaculture activity under any written law; |
| (d) the licensee has contravened any provision of this Act or the National Aquaculture development Authority of Sri Lanka Act, No. 53 of 1998 or any regulation made under those Acts ; |
| (e) the licensee has acted in contravention or in violation of any terms or conditions subject to which such licence was issued ; or |
| (f) the continuation of the aquaculture operation would have an adverse impact on the environment. |
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| | (2) Where a licence issued is suspended or cancelled as the case may be under section 43A or this section, it shall be the duty of the Director-General to forthwith inform the licensee of such suspension or cancellation, by a written communication sent under registered post to the address given by the licensee. | | |
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| 43C. Where an application for the issue or renewal of a licence under section 41 or section 43, as the case may be, has been refused, the reasons for such refusal shall be recorded by the Licensing Officer to whom such application for the issue or the renewal was made. It shall be the duty of such Licensing Officer to inform the person making such application, by a written communication sent under registered post to the address appearing in the application, of the reasons for such refusal. |
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| 43D.
| | (1) Any person aggrieved by a decision refusing the issue or renewal, as the case may be, of a license or the suspension or cancellation of a licence issued, may, within thirty days of the date of receipt of the written communication informing such person, of the refusal or the suspension or cancellation, as the case may be, appeal against such decision to the Secretary to the Ministry of the Minister. | | |
| | (2) The decision on any appeal submitted under subsection (1) shall be made within sixty days of the receipt of such appeal and the person making such appeal shall be informed of the decision made on it, forthwith. | | |
| | (3) Where the Secretary to the Ministry of the Minister considers it appropriate, he may hold such inquiry as deem necessary in the circumstances of the case, prior to arriving at any decision on any appeal made to him under subsection (1). | | |
| | (4) The decision of the Secretary to the Ministry of the Minister on any appeal made under this section, shall be final. | | |
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| 43E.
| | (1) Any person who is dissatisfied with the actions of a Licensing Officer may forward a complaint in writing to the Director-General and it shall be the duty of the Director-General to take all such action as is appropriate to inquire into such complaint and recommend to the Authority the steps that may be taken in regard to the same. | | |
| | (2) Notwithstanding the provisions of subsection (1), the Director-General shall have the power after inquiring into any complaint made against a Licensing Officer and where it appears to be appropriate in the circumstances, to remove such Officer from the post of Licensing Officer. | | |
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| 43F. It shall be the duty of the Director- General to credit monthly to the Fund of the Authority, all sums collected as fees for the issue and renewal of any licences under section 41 and section 43, as the case may be.". |
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Sri Lanka Consolidated Acts