Cap. 438 Art. 45Approval of racing clubs.

(1) The Minister responsible for sport may grant a certificate of approval to any racing club for the purposes of organising and conducting horse races and, or dog races on an approved racecourse or approved racecourses: Provided that where the racing club is an individual who owns an approved racecourse in accordance with the definition of "racing club" in article 2(1), the Minister may only grant such certificate of approval to such individual for the purpose of organising and conducting horse races and, or dog races only on the said approved racecourse owned by such individual.

(2) An application for a certificate of approval referred to in subarticle (1) shall be made by the racing club concerned, in such form and manner required by the Minister responsible for sport or as prescribed by regulations made by the said Minister under article 78(6), and shall furthermore contain or be accompanied by such information, documents and particulars as the said Minister may require or as may be prescribed by regulations made by the said

*This article is not yet in force. to satisfy or meet, such requirements and criteria as may be prescribed by regulations made by the said Minister under article 78(6), and unless the said Minister is satisfied that the applicant will comply in all respects with the provisions of this Part and of any regulations made under article 78(6) and applicable to it, with the terms and conditions of the certificate of approval and with any rules and regulations made by any Racecourse Control Board in terms of this Part or regulations made under article 78(6) and applicable to it.

(4) In granting such certificate of approval, the Minister responsible for sport may subject it to such conditions as he may deem appropriate or as may be prescribed by regulations made by him under article 78(6), and after the grant of such certificate the said Minister may from time to time vary or revoke any condition so imposed or impose new conditions: Provided that whenever the Minister responsible for sport deems it appropriate to vary any condition or impose any new condition in any such certificate of approval, the said Minister shall, unless such variation or imposition of a new condition has been requested by the holder of the certificate himself, by notice in writing inform such holder of his intention to vary the said condition or to impose the said new condition, calling upon the holder to show cause, within such period being not less than seven days after the issue of the notice as may be specified in the same notice, why such condition should not be varied or such new condition should not be imposed, and the said Minister shall consider any response made by the holder of the certificate within the period specified in the notice, before varying the condition or before imposing the new condition.

(5) The Minister responsible for sport may revoke a certificate of approval referred to in subarticle (1) -

(i) if the holder of such certificate contravenes any provision of this Part and of any regulations made under article 78(6) and applicable to it, or is in breach of any condition in the certificate or of any rules and regulations made by any Racecourse Control Board in terms of this Part or regulations made under article 78(6) and applicable to it;

(ii) if the said Minister is reasonably satisfied that the holder of the certificate of approval no longer satisfies or meets the requirements and criteria referred to in subarticle (3), or if the said Minister reasonably deems it necessary in the national interest or in the interest of the horse and, or dog breed to revoke the certificate of approval; and subarticle (1) on any of the grounds referred to in subarticle (5), the Minister responsible for sport shall, by notice in writing, request the holder of the certificate to show cause, within such period as may be established in the same notice being not less than twenty-one days after the issue of the notice, why the certificate should not be revoked on such ground as stated in the notice, and the said Minister shall consider any response made by such holder within the period specified in the notice before revoking the certificate.

(7) The holder of a certificate of approval referred to in subarticle (1) shall forthwith inform the Minister responsible for sport upon becoming aware of any material changes in the information, documents and particulars provided by such holder in terms of subarticle (2) or in terms of any other provision of this Part or of regulations made under article 78(6), and in default he shall be guilty of an offence against this Part.

(8) The holder of a certificate of approval referred to in subarticle (1) may not assign or transfer the said certificate to any person without the prior approval in writing of the Minister responsible for sport, and if such approval is given, such holder may then assign or transfer such certificate subject to such terms and conditions as may be specified by the said Minister in its approval. A certificate of approval referred to in subarticle (1) shall be considered null and void if the holder thereof transfers or assigns the same to any person without the prior approval in writing of the Minister responsible for sport, or in breach of any terms and conditions specified by the said Minister in any such approval. The holder of such certificate of approval who acts in breach of the provisions of this subarticle shall be guilty of an offence against this Part.

(9) The grant of a certificate of approval referred to in subarticle (1) shall not exonerate the holder of such certificate from obtaining any other licence, permit or authorization which may be required under any other law.

(10) Any person who is not an approved racing club and who organises or conducts any horse race or dog race shall be guilty of an offence against this Part.

(11) The owner of any place who knowingly permits the use of such place for the purpose of the organisation or conduct therein of any horse race and, or dog race by a person who is not an approved racing club shall be guilty of an offence against this Part.

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