Fisheries (Amendment) Act 1997

Applications for licences.

10

10. (1) A person may, in accordance with the application regulations, apply to the Minister for an aquaculture licence or trial licence.

(2) The Minister shall make regulations providing for procedures in relation to the making of applications for aquaculture or trial licences and the consideration of applications, and the regulations may contain different provisions in respect of different classes of applications.

(3) The application regulations may, in particular and without limiting the generality of subsection (2)

( a) provide for the form of applications,

( b) require applicants to publish or give specified notices relating to their applications,

( c) require applicants to furnish to specified persons any specified information relating to their applications,

( d) in connection with Council Directive 85/337/EEC (1) or any Directive amending or replacing that Directive—

(i) require the submission of an environmental impact statement to the Minister in respect of specified applications,

(ii) provide that the Minister may require, in the case of specified applications, the submission of an environmental impact statement in respect of the application,

(iii) specify the information to be contained in an environmental impact statement,

(iv) allow the Minister to determine, for the purposes of dealing with an application, the adequacy of the information contained in an environmental impact statement,

( e) provide for the availability for inspection of documents or extracts from documents relating to applications, the period of such availability, and for the purchase of copies of or extracts from such documents,

( f) provide for consultation with such bodies, including statutory bodies, as may be prescribed for that purpose,

( g) provide for the making of submissions or observations to the licensing authority in relation to applications and the period during which such submissions or observations may be made,

( h) require applicants to submit further information relating to their applications,

( i) require the production of evidence to verify particulars or information given by an applicant, and

( j) require the licensing authority to publish or give specified notices about applications or decisions on applications.

F6 [ (4) Where the submission to the Minister of an environmental impact statement is required under regulations made under subsection (3)( d ) in respect of an application for a licence, the Minister, if requested by the applicant, shall, after consultation with such persons as the Minister considers appropriate, give a written opinion to the applicant of the information to be contained in the statement, before the applicant submits the statement. ]

Annotations:

Amendments:

F6

Substituted (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 101(b), commenced on enactment.

Editorial Notes:

E7

Power pursuant to section exercised (4.07.2018) by Aquaculture (Licence Application) (Amendment) Regulations 2018 (S.I. No. 240 of 2018).

E8

Power pursuant to section exercised (25.08.2016) by Aquaculture (Licence Application) (Amendment) Regulations 2016 (S.I. No. 464 of 2016).

E9

Power pursuant to section exercised (31.07.2012) by Aquaculture (Licence Application) (Amendment) Regulations 2012 (S.I. No. 301 of 2012).

E10

Power pursuant to section exercised (21.07.2010) by Aquaculture (Licence Application) (Amendment) (No. 2) Regulations 2010 (S.I. No. 369 of 2010).

E11

Power pursuant to section exercised (4.06.2010) by Aquaculture (Licence Application) (Amendment) Regulations 2010 (S.I. No. 280 of 2010).

E12

Power pursuant to section exercised (30.06.1998) by Aquaculture (Licence Application) Regulations 1998 (S.I. No. 236 of 1998).

E13

Previous affecting provision: power pursuant to section exercised (20.04.2006) by Aquaculture (Licence Application) (Amendment) Regulations 2006 (S.I. No. 197 of 2006); revoked (31.07.2012) by Aquaculture (Licence Application) (Amendment) Regulations 2012 (S.I. 301 of 2012), reg. 3(b).

E14

Previous affecting provision: power pursuant to section exercised (7.04.2001) by Aquaculture (Licence Application) (Amendment) Regulations 2001 (S.I. No. 145 of 2001); revoked (31.07.2012) by Aquaculture (Licence Application) (Amendment) Regulations 2012 (S.I. 301 of 2012), reg. 3(a).

E15

Previous affecting provision: subs. (4) inserted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), art. 17; substituted as per F-note above.

(1)O.J. No. L175, 5.7.1985.