Malaysia legislation

Section 16

of Sabah Inland Fisheries And Aquaculture Enactment 2003

Section 16

(1)

The Director may, by a written notice to the permit holder or licensee cancel the permit or licence –

(a)

if any of the conditions imposed in the permit or licence respectively has not been complied with; or

(b)

if the permit or licence has been suspended, and the Director deems it unlikely for the suspension to be lifted in the foreseeable future.

(2)

Any person aggrieved by the cancellation of the permit or licence by the Director may appeal to the Minister within a period of thirty days after the date of such cancellation.

(3)

The appeal shall be submitted to the Director who shall forward the appeal to the Minister. The appeal to the Minister shall contain a submission of the reasons or grounds of dissatisfaction, and any document in support thereof.

(4)

The Director may reply to the submission and a copy extended to the appellant.

(5)

The Minister may decide the appeal based on the submission and the documents in support thereof without having to conduct an oral hearing.

(6)

Any decision made by the Minister shall take into account the scheme for the limitation of aquaculture premises for which such provision is made in the aquaculture development plan.

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(7)

The Director may by a written notice require a licensee whose licence has been cancelled to remove all structures and facilities on the aquaculture premise and to restore the site of the aquaculture premise to the satisfaction of the Director within three months from the date of such notice.

(8)

If the Director is satisfied that the licensee has complied with subsection (7), the

Director shall cause the deposit paid by the licensee to be refunded.

(9)

If a licensee fails to comply with subsection (7), the Director may cause the removal of any structure or facility on the aquaculture premise and for the site of the aquaculture premise to be restored, and any expenses incurred shall be deducted from the deposit paid by the licensee.

(10)

If the expenses incurred by the Director under subsection (9) exceed the deposit paid by the licensee, any outstanding balance shall be recovered from the licensee as a debt due to the Government.

Licensee to supply information.

Section 16 — Sabah Inland Fisheries And Aquaculture Enactment 2003