Fisheries (Amendment) Act 1997


Number 23 of 1997


FISHERIES (AMENDMENT) ACT 1997

REVISED

Updated to 4 July 2018


This Revised Act is an administrative consolidation of the Fisheries (Amendment) Act 1997. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Childcare Support Act 2018 (11/2018), enacted 2 July 2018, and all statutory instruments up to and including Aquaculture (Licence Application) (Amendment) Regulations 2018 (S.I. No. 240 of 2018), made 4 July 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 23 of 1997


FISHERIES (AMENDMENT) ACT 1997

REVISED

Updated to 4 July 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Aquaculture Acts 1997 to 2006 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 1(3)). The Acts in this group are:

Fisheries (Amendment) Act 1997 (23/1997)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998), ss. 2, 3 and 4

Fisheries (Amendment) Act 2001 (40/2001)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 101

Fisheries Acts 1959 to 2007 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Water Services Act 2007 (30/2007), s. 1(5)). The Acts in this group are:

Fisheries (Consolidation) Act 1959 (14/1959)

Fisheries (Amendment) Act 1962 (31/1962)

Fisheries (Amendment) Act 1964 (23/1964)

Fisheries (Amendment) Act 1976 (23/1976)

Fisheries Act 1980 (1/1980)

Fisheries (Amendment) Act 1987 (14/1987)

Fisheries (Amendment) (No. 2) Act 1987 (32/1987)

Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), ss. 23, 25 and 28 in so far as they relate to Fisheries Acts 1959 to 1987

Fisheries (Amendment) Act 1991 (26/1991)

Fisheries (Amendment) Act 1994 (23/1994)

Fisheries (Amendment) Act 1995 (27/1995)

Fisheries (Commissions) Act 1997 (1/1997)

Fisheries (Amendment) Act 1997 (23/1997)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998), ss. 2 to 4 and, in so far as they relate to those sections, ss. 1 and 7(2)

Fisheries (Amendment) Act 1999 (35/1999)

Fisheries (Amendment) Act 2001 (40/2001)

Fisheries (Amendment) Act 2003 (21/2003), other than s. 32 and s. 2 in so far as it relates to s. 32

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), other than Part 3 and ss. 100, 102, 103 and 104

Water Services Act 2007 (30/2007), ss. 1(5) and 111

Acts previously included in the group but now repealed:

Fisheries (Amendment) Act 1974 (25/1974)

Fisheries (Amendment) Act 1978 (18/1978)

Fisheries (Amendment) Act 1983 (27/1983)

Fisheries (Amendment) Act 2000 (34/2000)

Inland Fisheries Acts 1959 to 2017 : this Act, in so far as it relates to Inland Fisheries Ireland, is one of a group of Acts included in this collective citation, to be construed together as one ( Inland Fisheries (Amendment) Act 2017 (16/2017), s. 5(3)). The Acts in this group are:

Fisheries (Consolidation) Act 1959 (14/1959)

Fisheries (Amendment) Act 1962 (31/1962)

Fisheries (Amendment) Act 1964 (23/1964)

Fisheries (Amendment) Act 1976 (23/1976)

Fisheries Act 1980 (1/1980)

Fisheries (Amendment) Act 1987 (14/1987)

Fisheries (Amendment) (No. 2) Act 1987 (32/1987)

Fisheries (Amendment) Act 1991 (26/1991)

Fisheries (Amendment) Act 1994 (23/1994)

Fisheries (Amendment) Act 1995 (27/1995)

Fisheries (Commissions) Act 1997 (1/1997)

Fisheries (Amendment) Act 1997 (23/1997), in so far as it relates to Inland Fisheries Ireland

Fisheries (Amendment) Act 1999 (35/1999)

Water Services Act 2007 (30/2007), s. 111

Inland Fisheries Act 2010 (10/2010)

Inland Fisheries (Amendment) Act 2017 (16/2017)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Local Government Reform Act 2014 (1/2014)

Inland Fisheries Act 2010 (10/2010)

Foyle and Carlingford Fisheries Act 2007 (17/2007)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006)

Fisheries (Amendment) Act 2001 (40/2001)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998)

Foyle Fisheries Act 1952 (5/1952)

Foreshore Act 1933 (12/1933)

All Acts up to and including Childcare Support Act 2018 (11/2018), enacted 2 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Aquaculture (Licence Application) (Amendment) Regulations 2018 (S.I. No. 240 of 2018)

Fisheries (Amendment) Act 1997 (Prescribed Organisations For Aquaculture Licences Appeals Board) Regulations 2017 (S.I. No. 588 of 2017)

Aquaculture (Licence Application) (Amendment) Regulations 2016 (S.I. No. 464 of 2016)

European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014)

Aquaculture Appeals (Environmental Impact Assessment) Regulations 2012 (S.I. No. 468 of 2012)

Aquaculture (Licence Application) (Amendment) Regulations 2012 (S.I. No. 301 of 2012)

Fisheries (Amendment) Act 1997 (Prescribed Organisations for the Aquaculture Licences Appeals Board) Regulations 2011 (S.I. No. 621 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Aquaculture (Licence Application) (Amendment) (No. 2) Regulations 2010 (S.I. No. 369 of 2010)

Aquaculture (Licence Application) (Amendment) Regulations 2010 (S.I. No. 280 of 2010)

European Communities (Control of Dangerous Substances in Aquaculture) Regulations 2008 (S.I. No. 466 of 2008)

European Communities (Health of Aquaculture Animals and Products) Regulations 2008 (S.I. No. 261 of 2008)

Sea Fisheries, foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007)

Aquaculture (Licence Application)(Amendment) Regulations 2006 (S.I. No. 197 of 2006)

Aquaculture (Licence Application) (Amendment) Regulations 2001 (S.I. No. 145 of 2001)

Aquaculture (Licence Fees) Regulations 2000 (S.I. No. 282 of 2000)

European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999)

Aquaculture Licensing Appeals (Fees) Regulations 1998 (S.I. No. 449 of 1998)

Aquaculture (Licence Application and Licence Fees) (No. 2) Regulations 1998 (S.I. No. 324 of 1998)

Aquaculture (Licence Application and Licence Fees) Regulations 1998 (S.I. No. 270 of 1998)

Fisheries (Amendment) Act, 1997 (Section 33) Regulations 1998 (S.I. No. 269 of 1998)

Aquaculture (Licence Application) Regulations 1998 (S.I. No. 236 of 1998)

Aquaculture Licences Appeals Board (Establishment) Order 1998 (S.I. No. 204 of 1998)

Fisheries (Amendment) Act, 1997 (Commencement) (No. 2) Order 1998 (S.I. No. 203 of 1998)

Fisheries (Amendment) Act, 1997 (Section 23) Regulations 1998 (S.I. No. 84 of 1998)

Fisheries (Amendment) Act, 1997 (Commencement) Order 1998 (S.I. No. 46 of 1998)

European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997)

All statutory instruments up to and including Aquaculture (Licence Application) (Amendment) Regulations 2018 (S.I. No. 240 of 2018), made 4 July 2018, were considered in the preparation of this revision.


Number 23 of 1997


FISHERIES (AMENDMENT) ACT 1997

REVISED

Updated to 4 July 2018


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation, construction and commencement.

2.

Non-application to Moville Area of the Foyle Fisheries area.

3.

Interpretation.

4.

Repeal of sections 54 and 54A of Act of 1980 and revocation of orders and savings.

5.

Repeal and amendment of provisions of Principal Act.

Part II

Regulation of Aquaculture and Related Matters

6.

Regulation of aquaculture.

7.

Aquaculture licences.

8.

Limitation on licensing to engage in aquaculture.

9.

Trial licences.

10.

Applications for licences.

11.

Person not to engage in aquaculture in anticipation of grant of licence.

12.

Determination of applications for licences.

13.

Period for determination of applications for licences.

14.

Granting of licences.

15.

Duration of aquaculture licences.

16.

Effect of licence.

17.

Application of sections 263 and 264 of Principal Act.

18.

Licence may be amended to give effect to later agreements.

19.

Renewal of licence.

19A.

Renewal of licence after its expiration.

20.

Offence of interfering with licensee's rights under licence.

21.

Delegation of certain functions by Minister.

PART III

Appeals and Related Matters

Chapter I

Aquaculture Licences Appeals Board

22.

Aquaculture Licences Appeals Board.

23.

Membership of Board.

24.

Tenure of office of Chairperson and members of Board.

25.

Remuneration, etc., of Chairperson and members of Board.

26.

Chairperson to ensure efficient performance of functions of Board.

27.

Deputy Chairperson.

28.

Meetings and procedure of Board.

29.

Board's quorum, vacancies, etc.

30.

Disclosure of confidential information.

31.

Prohibition of certain communications in relation to appeals.

32.

Secretary of Board.

33.

Declaration of interests.

34.

Disclosure of interests.

35.

Consultants and advisers.

35A.

Employees of Board.

35B.

Superannuation of employees of Board.

35C.

Provision of services by Minister to Board and Board to Minister.

35D.

Membership of either House of Oireachtas, etc.

36.

Grants to Board.

37.

Accounts and audits.

38.

Annual report, etc.

39.

Board to keep itself informed of certain policies and objectives.

Chapter II

Appeals to Board

40.

Appeals against decisions of Minister on aquaculture licence applications, etc.

41.

Provisions as to making of appeals.

42.

Joinder of actions.

43.

Submission of documents, etc., to Board by Minister.

44.

Submissions or observations by other parties to appeal.

45.

Submissions or observations by persons other than parties to appeal.

46.

Power of Board to request submissions or observations.

47.

Power of Board to require submission of documents, etc.

48.

Powers of Board where notice served under section 46 or 47 .

49.

Oral hearings.

50.

Matters other than those raised by parties or other persons may be taken into account in determining appeals.

51.

Board may dismiss appeals if vexatious, etc.

52.

Appeals against conditions.

53.

Withdrawal of appeals.

54.

Power of Board to declare appeals and applications withdrawn.

55.

Time for appeals, etc., extended where offices of Board closed.

56.

Duty and objective of Board.

57.

Certain powers in relation to oral hearings of appeals.

57A.

Board or consultant or adviser or employee or other person may inspect land, etc.

58.

Reference of certain questions of law to High Court.

59.

Reports of inspections, etc.

60.

Appeal regulations.

PART IV

Miscellaneous

61.

Matters to which licensing authority shall have regard in determining aquaculture licence applications and appeals.

62.

General policy directives.

63.

Fees in relation to applications and appeals.

64.

Fees for licences.

65.

Offences and general penalty for contravention or failure to comply with provision of Act.

65A.

Offence by body corporate, etc.

65B.

Prosecutor may appeal dismissal of proceedings in District Court.

66.

Costs of prosecutions.

67.

Removal of unlawful aquaculture structures and equipment under Foreshore Act.

67A.

Permission of use of novel or experimental equipment by licensee.

67B.

Reduction in licensed area, etc.

68.

Revocation or amendment of aquaculture licences.

69.

Cesser of aquaculture licences in certain circumstances.

70.

Review of aquaculture licences.

71.

Aquaculture regulations.

72.

False or misleading statements in relation to licence applications or appeals.

73.

Applications for judicial review of decisions on licence applications or appeals.

74.

Provisions in respect of certain licence applications.

75.

Provisions in respect of certain existing licences.

76.

Ownership of stock.

77.

Recapture of escaped stock.

78.

Register of licences.

79.

Restriction of application of Part X of Principal Act.

80.

Amendment of Environmental Protection Agency Act, 1992.

81.

Appointment of staff of Marine Institute as authorised officers and powers in relation to aquaculture.

82.

Application of Foreshore Acts, 1933 and 1992 to aquaculture.

SCHEDULE

Aquaculture Licences Appeals Board



Number 23 of 1997


FISHERIES (AMENDMENT) ACT 1997

REVISED

Updated to 4 July 2018


AN ACT TO AMEND AND EXTEND THE LAWS RELATING TO FISHERIES, TO PROHIBIT PERSONS FROM ENGAGING IN AQUACULTURE EXCEPT WITH AND IN ACCORDANCE WITH A LICENCE TO ESTABLISH A PROCEDURE FOR THE GRANTING, RENEWAL, AMENDMENT AND REVOCATION OF LICENCES, TO ALLOW FOR APPEALS AGAINST DECISIONS RELATING TO LICENCES, AND FOR CONNECTED PURPOSES. [14 th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Aquaculture Acts affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Aquaculture Acts 1997 to 2006

...

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 23 of 1997

Fisheries (Amendment) Act 1997

Sections 25, 27(3), 35A(2), 36, 37, 63(1), 64(1) and (3) and 68(6)

...

...

...

C3

Application of collectively cited Aquaculture Acts potentially restricted (1.08.2008) by European Communities (Health of Aquaculture Animals and Products) Regulations 2008 (S.I. No. 261 of 2008), reg. 43(2)(b), in effect as per reg. 1. Note also conditions of licence granted under Act may be modified in accordance with reg. 43(2)(a).

(2) If there is a conflict between—

(a) a condition of an aquaculture licence (within the meaning of Part VIA (inserted by the Foyle and Carlingford Fisheries Act 2007) of the Foyle Fisheries Act 1952 or the Fisheries (Amendment) Act 1997) and a condition of a fish health authorisation, the condition of the fish health authorisation prevails, or

(b) between the Aquaculture Acts and these Regulations, these Regulations prevail.

C4

Functions in relation to collectively cited Aquaculture Acts transferred and references to “Department of” and “Minister for Communications, Marine and Natural Resources” construed (9.10.2007) by Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007), arts. 2, 3 and sch. 1, subject to transitional provisions in arts. 4-8. Note: as of date of this revision, name of Department and Minister changed to Agriculture, Food and the Marine (17.10.2011) by Agriculture, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 455 of 2011).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Agriculture and Food.

(2) A reference to the Department of Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall be construed as a reference to the Department of Agriculture and Food.

3. (1) A function vested in the Minister for Communications, Marine and Natural Resources by or under—

(a) an enactment cited in Part 1 of the Schedule to this Order, and

(b) Regulations made under section 3 of the European Communities Act 1972 cited in Part 2 of that Schedule,

is transferred to the Minister for Agriculture and Food.

(2) A reference to the Minister for Communications, Marine and Natural Resources contained in an enactment or instrument made under an enactment and relating to a function transferred by this Article shall be construed as a reference to the Minister for Agriculture and Food.

...

SCHEDULE

PART 1

...

Aquaculture Acts 1997 to 2006

...

Editorial Notes:

E1

Previous affecting provision: application of Act potentially restricted by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 31, as amended (18.07.2005) by European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005), reg. 3(13); revoked (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 73(1), in effect as per reg. 1(3), subject to transitional provisions in reg. 73(3).