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Appeal against refusal or revocation of certificate of approval.
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17.—(1) If the Minister revokes or refuses to grant a certificate of approval, the applicant for, or the holder of, the certificate may, within 21 days after the date of the service of the notice of the revocation or refusal, appeal to the Circuit Court against the refusal or revocation.
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(2) If the Minister revokes or refuses to grant a certificate of approval in respect of a holding or premises that, at the time of the revocation or refusal, were lawfully being used to produce, process, trade or otherwise handle animals, carcases and meat intended for human consumption or to manufacture or trade in feedingstuffs, the holding or premises may, if the Minister is satisfied that there is no danger to public health, continue to be used for those purposes—
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(a) until the time for bringing an appeal has elapsed, or
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(b) if an appeal is made, until such time as the appeal is determined in the Circuit Court,
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and thereafter the holding or premises may be so used only by leave of the Circuit Court.
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(3) Where, in accordance with subsection (2), a premises continues to be used to produce, process, trade or otherwise handle animals, carcases and meat intended for human consumption or for the manufacture or trade of feedingstuffs, notwithstanding the refusal or revocation of the certificate of approval in relation to that holding or premises, this Act shall continue to apply to the holding or premises as if the certificate of approval with respect to that holding or premises had not been refused or revoked.
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(4) On the hearing of an appeal under this section, the Circuit Court may—
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(a) dismiss the appeal and order the disposal of the animals, carcases, meat or feedingstuffs on the holding or premises, nas the case may be, under the direction of the Minister, or
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(b) allow the appeal and direct the Minister to grant or renew the certificate of approval, or to cancel the revocation,
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and the decision of the Circuit Court shall be final save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.
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(5) On hearing an appeal under this section, the onus of establishing that the provisions of this Act in relation to the granting, renewal or continuing in force of a certificate of approval have been complied with shall lie on the person making the appeal.
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(6) In the event of an unsuccessful appeal, the cost of disposing of the animals, carcases, meat or feedingstuffs may be recovered by the Minister from the owner of the animals or of the holding or premises, as the case may be, as a simple contract debt in any court of competent jurisdiction.
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