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Hazardous Substances Act, 1973 (Act No. 15 of 1973)

4. Licensing

 

 

1) Subject to the provisions of this section, the Director-General may on application in the prescribed manner and on payment of the prescribed fee (if any) and subject to the prescribed conditions and such further conditions as the Director-General may in each case determine, issue to any person a licence--
a) to carry on business as a supplier of Group I hazardous substances;
b) to sell, let, use, operate or apply any Group III hazardous substance;
c) to install a Group III hazardous substance on any premises mentioned in such licence.

 

2) The Director-general may require an applicant contemplated in subsection (1) to furnish him with such information, in addition to any information furnished by the applicant in terms of the said subsection, as the Director-General may deem necessary.

 

3) In considering an application under subsection (1) the Director-General may conduct any investigation in respect of the applicant concerned.

 

4) The Director-General may not grant an application under subsection (1) unless he is satisfied that--
a) if the applicant is a natural person, he, or, if the applicant is a company, a director of the company, or, if the applicant is a close corporation, a member of the corporation, is a suitable person to carry on, or be involved in, the activities authorized by the licence;
b) an interest which any person has in the applicant concerned, is reconcilable with the provisions of this Act;
c) the applicant will be able to exercise sufficient control over the activities authorized by the licence;
d) the licence concerned has not been issued to a sufficient number of persons: and the issue of the licence will be in the public interest.

 

5) When the Director-General grants or refuses an application for a licence, he shall give written notice of that fact to the applicant concerned.

 

6) If the Director-General refuses an application for a licence, he shall in writing--
a) furnish the applicant concerned with the reasons for such refusal; and
b) notify such applicant that he may in accordance with the provisions of section 6 appeal to the Minister against such refusal.

 

7) The Director-General may by written notice to the person concerned at any time--
a) cancel or vary any condition to which a licence is subject; or
b) impose any condition or any further condition in respect of a licence.