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16 1933

MUSK RATS ACT, 1933

PART II.

Restriction on Keeping Musk Rats.

Restriction on keeping musk rats.

9. —(1) It shall not be lawful for any person to keep in Saorstát Eireann any musk rat unless—

(a) such person is the holder of a licence (in this Part of this Act referred to as a musk rat licence) granted by the Minister under this Part of this Act authorising such person to keep musk rats, and

(b) such musk rat is kept at the premises specified in such licence, and

(c) such person complies with the conditions attached to such licence.

(2) If any person keeps in Saorstát Eireann any musk rat in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Applications for musk rat licences.

10. —(1) Any person may apply to the Minister for a musk rat licence.

(2) Every application for a musk rat licence shall be in the prescribed form and shall contain the prescribed particulars.

Grant of musk rat licences.

11. —(1) Subject to the provisions of this section the Minister may, in his absolute discretion, grant or refuse to grant an application for a musk rat licence.

(2) The Minister shall not grant an application for a musk rat licence unless he is satisfied that such licence is required to enable musk rats to be kept for the purposes of biological or scientific research.

Operation of musk rat licences.

12. —Every musk rat licence shall operate and be expressed to authorise the holder of such licence to keep at the premises specified in such licence musk rats, but subject to the conditions specified in such licence.

Fees on musk rat licences.

13. —There shall be paid to the Minister on every application for a musk rat licence a fee of such amount as the Minister, with the consent of the Minister for Finance, may from time to time appoint.

Attachment of conditions to musk rat licences.

14. —(1) Whenever the Minister grants a musk rat licence he shall attach to such licence a condition that musk rats shall be kept by the holder of such licence for the purposes of biological or scientific research and for no other purpose.

(2) Whenever the Minister grants a musk rat licence he may attach to such licence such conditions as he may think proper and shall specify in such licence and, in particular and without prejudice to the generality of the foregoing power, conditions in respect of all or any of the following matters, that is to say:—

(a) the nature of the premises upon which the musk rats may be kept,

(b) the manner in which the musk rats are to be kept,

(c) the precautions to be taken to prevent the escape of the musk rats,

(d) the duration of such licence,

(e) the returns to be made by the holder of such licence.

Revocation of musk rat licences.

15. —(1) The Minister may revoke a musk rat licence on either of the following grounds, that is to say:—

(a) on the ground that in his opinion there has been a breach of or a failure to observe or comply with one or more of the conditions attached to such licence,

(b) on the ground that the holder of such licence has been convicted of an offence under any section of this Act.

(2) Where at any time the Minister is of opinion that the keeping of musk rats in Saorstát Eireann should, in the public interest, be absolutely prohibited, he may revoke all musk rat licences then in force.

Provisions on death of holder of musk rat licence.

16. —Where the holder of a musk rat licence dies, and musk rats were immediately before the death of such holder kept by him at the premises specified in such licence, the keeping of such musk rats at such premises under and in accordance with the conditions of such licence until the expiration of a period of one month from the date of the death of such person, or the revocation of such licence, whichever first happens, shall not constitute an offence under the provisions of this Part of this Act relating to restriction on keeping musk rats and the person by whom such musk rats are so kept shall until the expiration of such period or the revocation of such licence, whichever first happens, be deemed for the purposes of this Act to be the holder of such licence.