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S.L. 549.35 · Marine Mammals Protection (S.L. 549.35)

S.L. 549.35 Art. 7Permits and conditions.

In KraftAmtlicher Text

(1) The competent authority may issue a permit to authorize:

(a) the taking and keeping of any specimen for bona fide scientific studies or educational purposes,

(b) the import or export of any specimen,

(c) the re-introduction of specimens,

(d) the performance of any activity which would otherwise not be permitted under these regulations to dolphinaria or oceanaria which at the time of the coming into force of these regulations are already in possession of live specimens, provided that such permit is limited to the replacement or replenishment of specimens: Provided that the competent authority shall not issue such a permit if in its opinion such activities threaten any species or lead to the endangering of the biological diversity of Malta.

(2) The person requesting a permit for activities referred to in subregulation (1), hereafter referred to as the applicant, shall submit an application in writing to the competent authority.

(3) In order to enable the competent authority to assess a permit request, the application shall contain the relevant documents and any other requisite information requested by the competent authority.

(4) The competent authority may, to ensure compliance with these regulations:

(a) amend, suspend or revoke any permit and, or other such authorization instruments,

(b) impose such conditions as it may deem fit, provided that a special condition may be imposed upon the applicant, to submit within a month from the expiry of the permit or at the end of the calendar year, whichever is the earliest, information relevant to the activities permitted.

(5) A copy of any published results and other publications relevant to activities carried out in accordance with the permit shall reach the competent authority within three months from the date of publication.

(6) The period of validity of such permit shall also be established at the discretion of the competent authority, provided that the validity of the permit may not exceed one calendar year from date of issue.

(7) The competent authority shall reserve the right not to issue or renew any permit if the applicant in question has not fulfilled or honoured any of the conditions and obligations arising from any other permit issued by the Director or the competent authority under these regulations or other relevant regulations.

(8) The Director may, on behalf of the competent authority, in cases of emergency or grave danger, authorize the possession or keeping on a temporary basis, or the disposal of any specimen, and in so doing he may issue any such directives he may deem fit.