Fisheries (Amendment) Act 1997

Period for determination of applications for licences.

13

13. (1) The Minister shall endeavour to determine an application for a licence—

( a) in the case of an application for a trial licence, as soon as practicable, but in any case not later than four months after all requirements of or under the application regulations relating to the application have been complied with, and

( b) in the case of an application for an aquaculture licence received on or after the commencement of this section—

(i) within four months from the date on which all requirements of or under the application regulations relating to the application have been complied with, or

(ii) such other period as the Minister may prescribe, either generally or in respect of a particular class of applications to which the application belongs.

(2) Where it appears to the Minister that it would not be possible or appropriate, because of the particular circumstances relating to an application for a licence, to determine the application within the period referred to in subsection (1), the Minister shall, by notice in writing served on the applicant and any person who has made submissions or observations in relation to the application in accordance with the application regulations, inform the applicant and those persons of the reasons why it would not be possible or appropriate to determine the application within that period and shall specify the date before which, or the period within which, the Minister intends that the application shall be determined.

(3) Where a notice has been served under subsection (2), the Minister shall take such steps as are open to him or her to ensure that the application is determined before the date, or within the period, specified in the notice.

(4) The Minister may make regulations—

( a) providing that subsection (1) shall not have effect for such period as is specified in the regulations, or

( b) varying a period mentioned in that subsection, either generally or in respect of a particular class or particular classes of applications,

where it appears to the Minister to be necessary, because of exceptional circumstances, to do so and, for so long as the regulations are in force, this section shall be construed and have effect accordingly.

(5) In this section “ application for a licence” shall include an application for a review of an aquaculture licence.